H1B Amendment with H4 Extension denied

I am with one of US based consulting companies with no ties to offshoring/India. I joined them a year back and they transferred my H1B but did not transfer my wife H4 as she was in India during that time.

Recently my employer filed for H1B amendment for one of customer location and that also had H4 extension application for my wife. This application got into RFE followed by denial as of last week and we are yet to see the denial reason.

Now, this puts my wife’s status in jeopardy as her H4 expired as of last Nov, 2017, essentially she is considered into illegal status per my company lawyer. We are also expecting and she is into full term (38 weeks pregnancy ) so she can not travel at this point of time.

I am really worried right now and trying to figure out best course of action in terms of next steps… Any help from you guys would be greatly appreciable.


Consult an attorney and file h1b and h4 in premium, along with letter from doctor or proof of pregnancy.