H4 Withdrawn by USCIS - Child, H1B COS, Out of Status?

USA H4 Visa
1

Hi Need suggestions,

I am a H1-B Visa holder and I filed H4 extension for my spouse and daughter during April 2019. My spouse then obtained her individual H1 from her employer and so we had sent a letter to USCIS requesting that my spouse’s H4 extension petition to be withdrawn. We now came to know that my daughter’s H4 extension has also been withdrawn even though they both have different Receipt numbers. I spoke to USCIS Immigration 2nd level officer and been advised that I contact my Employer for further options.

My daughter’s I-94 has expired on June-25 and her H4 extension petition has been withdrawn effective Oct-15. As she is now out of status, I would like to know what needs to be done in order to resolve this. Thanks in advance.

2

You need to talk to an attorney and see, if you can file something called nunc pro tunc explaining the situation and get an exception from USCIS and approve H4 again for your child.
Alternatively, you can travel out of the country with your child and get stamping done and re-enter to solve all of these issues.
Either case, you need to talk to your attorney.
Do update your situation here after you speak to attorney.

3

Thank you so much Kumar.