My Case :- H4 to H1 Applied- May 11-2012 RFE-20- Sep-2012 (Replied to RFE) Decision - Denial 22 Jan - 2013 Today I checked my H1 B visa status and it is showing as denied. I have following question. 1. Can i stay in US legally if my H4 is expired and my H1B is requested for appeal/MTR? 2. Can I apply for my H4 extension simultaneously while I request MTR/Appeal for my denied H1? Note :I do not know what is the reason for denial.Once i get the letter from USCIS i will be knowing whether i can go for MTR/Appeal.
No, you cannot. You need to file for H-4 extension. If your I-94 has already expired, then you should leave US ASAP and return after getting H-4 visa stamped. Filing MTR/appeal doesn’t give you stay authorization
Yes, you can do that. For successful H-4 extension, your current I-94 should not have expired