H4 visa extension application went on RFE.

USA H1B Visa
1

Hi,
i need an advice.
I came to USA on dependent visa and applied my H1B on 2013 quota.
My H4 visa was valid till 25th sep 2012. My H1B petition got approved on 10th of sept 2012 and valid till 3 years.
I have applied my H4 extension to maintain a valid status from sept 25th 2012 to 2nd oct 2012 as my H1b will active after oct 2012.

The company my wife is working currently applied my h4 extension. I got an RFE on my H4 extension application and came
to know that the they have applied my H4 application on oct 18th after my h4 visa got expired. I was communicated from
my wife’s company that they have submitted my documents to USICS on 20th sept.

USICS is seeking for the reason for late reply.

Could you please let me know the below informatiom.
-Is my h1b will remain unaffected?
-What problems do i need to face later?
-How can i maintain status from sept 25th to oct 2nd?

2

  1. Yes the petition is still valid and is not impacted

  2. Based on your response to H-4 extension, USCIS can deny the H-4 extension. This means you will have to leave US and return on stamped H-1 or H-4 visa. You had a break in I-94 continuity and need to re-enter US in order to go back into status. This may impact your visa stamping as well. It’s best to contact an attorney about it. The only way you can be in legal status during that period is if H-4 extension gets approved.

Was your H-1 approved w/ COS or w/o COS?