H4 Denied and waiting for the receipt for additional info

#1

Hi ,

To give more info . My wife’s current h4 and h4 EAD is going to expire June 15th 2022.

I filed my H1 and H4 together . Later I moved my h1B in premium and got my approval on March 23 2022. After I got my H1B approval I filed my wife’s H4 EAD extension on April 1st.

Since my wife is working and due to processing times we thought we might not get approval on time so my wife crossed the land border on April 28th to get her i94 updated which helps her to get auto extension for h4 EAD while her h4 and h4 EAD extension are in process . She got her i94 extended till Feb 27 2025 using my approved H1B approval copy.
Today May 19th I received the H4 denied from uscis for her i539 application .do you know what would be the next steps I have to follow ?

Can my spouse stay legally in the country as she has her i94 renewed . Thanks in advance .

#2

USCIS most probably denied as they saw that I-94 was extended at the CBP. You should submit the copy of I-94 to the USCIS center processing H4 EAD along with a cover letter and copy of I-797 receipt for the EAD so that the EAD approval is not impacted from denied H4.

Yes your wife can stay in the US legally as she has a valid I-94.

#3

Do I need to apply H4 extension for her again ?or no need to apply h4 extension ?

Also please do you have a format I can use to send to uscis to Update i94 to them

#4

No.

There is no format. Just draft a letter stating that you are attaching the copy of extended I-94 for the EAD under processing (refer to the attached I-797 receipt #).

#5

Thanks . So just her updated i94 would work correct for her to stay here in USA .

#6

Correct, I-94 governs the lawful status in the US.

#7

Thanks again :pray: sir …

#8

If my wife wants to get her state Id or driving license , what documents do we use to get it . Will updated i94 work for her ?

#9

Let me know if you get a chance and thanks In advance .

#10

Yes, that should be enough.

#11

Thanks for all the info .

Also there is a confusion for me

  • first we got Renewed i94 at the land border
  • later we got h4 denied from uscis

So I am wondering the latest will be considered or it doesn’t matter with the denial

#12

What is the reason of denial?

#13

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#14

Please can you check this for me and say if my spouse is still ok to stay in United States since she has her updated i94 till 2025

#15

It clearly says becuase you extended H4 I-94 at the border, they are denying the extension as even if approved it wont mean anything.
You are all set, no need to worry as I mentioned already.

#16

Thanks a lot sir . I just sent an updated copy of i94 of my wife for h4 ead extension that is currently processing so they don’t deny that one .

Do you advise me to file a new h4 ead extension as well again ? Please advise sir .

Thanks again for all your wonderful inputs :pray::pray:

#17

No need for now unless the one under processing is denied.

#18

Thanks again sir . I will post my experiences about h4 ead once I receive anything. .

Thanks