Field H4 extension when my wife was not in US and got RFE

USA L1, L2 Visa
1

Hi, Guys~

In Feb 2013 my employer applied for my H-1B extension as well as my wife’s H4 extension. Both got approved and valid till Feb 2016. In Aug 2013 my wife traveled to India and got her H4 visa stamped which is valid till Feb 2016.

Now I got a full time position and my new employer applied for my H-1B transfer and my wife’s H4 extension with premium Processing but my wife was in India at the time he field her H4 extension (due to miss communication he thought that she is here in US).

We got RFE for my wife’s H4 on Dec-23-2013. According to the RFE the USCIS is stating that she left the US on 8/10/13, but they have no record of her re-entering the US. They want proof that my wife was in the US at the time that my employer filed her H-4 application (12/17/2013).

The same day we got RFE that is on Dec-23-2013 she entered into US and got her new I-94 which is valid till Feb-5-2016. My employer preparing to answer to the RFE with her latest I-94.

Now the questions are:

  1. What are the chances of getting approval on my wife’s H4?

  2. If her H4 extension get denied will she go out of status? If no, she need to leave the country immediately and get her H4 stamped (Note: Her I-94 valid till Feb-5-2016)?

Please advise me. Thanks in advance.

2

  1. It may get approved once they submit the new I-94 and provide clarification about their mistake (applying for extension even when she was not in US)

  2. Even if H-4 extension is denied, she will still be in status based on her current I-94 (received when she just entered US) and your H-1 approval.