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 .
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.
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 #).
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.