Check Sent to USCIS got bounced for H4 Extension, got to know after 6 months of status expiry

USA L1, L2 Visa
1

Hi,

Last year Sep i.e 2015 Sep, we have filed for H4 Extension ( H4 was valid till Oct’2015) for my wife through employer. We started asking about the Receipt from the beginning. But he was saying lost the receipt and reapplied in USCIS for the receipt copy will receive in next 2 weeks. But that was never happened till this time.

After many follow ups with the Attorney for the receipt of the application for H4 ext. He replied in June 2016 i.e after 8 months Attorney reacted and said the Check which sent to USCIS got bounced. I am working with them to get the issue resolved and applied this june again. But till date he is not providing the Receipt.

Here my questions are

  1. Can we still apply for the H4 extension after 6 month after visa expiry, if the check got bounced at USCIS ?

  2. If Yes How long the process will take ?

  3. If No, what will be the current status of my wife ?

  4. Will that impact to my H1B, though I have valid H1B till next year ?

Pls help me to figure out my situation.

Thanks in Advance,

2

You need to figure out if the extension was denied due to bad check or if RFE was issued due to bad check.

You are getting some bad advice from your employer/attorney. Even if the H-4 was timely filed and is pending, you can stay in US for only up to 240 days from I-94 expiration date. If H-4 I-94 expired in Oct 2015, then those 240 days would elapse Jun-July 2016. So you are in a bad situation here.

Find out what is really happening to your case. It maybe a better idea for H-4 person to leave US and return on stamped H-4 visa. However, her overstay could cause an issue during stamping/return entry.