Originally Posted by sduddukuri
I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.
First a correction: your wife is not "out of status from Feb 11", but actually she is supposed to leave once the denial came on Feb 22. (she was fine between feb 11 and feb 22 as her extension was pending).
She starts to accure illegal presence starting from Feb 22.
Best option for her would be to go back, get a new H4 stap based on your approved H1 and come back; I can not see any problem with that (as far as I can see). Now risk with this entirely depends on the grounds of the denial of her H4 (but if it was denied for some minor reason or by mistake, I dont see any problem at all). This is the best way to solve this and also to make sure GC process is not affected.
ps: I am not a lawyer. Follow your lawyer's advise.
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010