H4 Extension Denied - Please help

[Sudhanshu Bhatnagar]

Hi,

I am working for Company A, they only filed my H1B. My H1B (& families H4 ) and I-94 was expired on 30th Sep & 10th Oct 2015 respectively. My company already filed my H1B extension in normal mode on 16th Sep 2015 but they forgot to file the same for my Family & they filed the same on Dec 10 2015. They are out of Status in US and Attorney of Company A told me to keep a watch on 180 days of limit, started from 10th Oct 2015. I have still waiting for my H1B & H4 approvals.

I tried to transfer my H1B from Company A to B on 20th Nov in Premium. Company B also filed Extension request for my family.
On 20th Dec 2015, My H1B Transfer to Company B was approved but at the same time my stay is denied, hence company B is asking me to go back to India and stamp my H1B. I don't want to opt this option for now and continuing with Company A.

Today (7th Jan 2016) only I came to know that H4 extension petition filled by Company B is denied, but I am still with Company A; who has also filled H4 extension request for my family.

Please do let me know, should I wait for result of H4 extension request filed by Company A, in which I am currently working or shall I immediately send my family back. Bit concerned as my kids goes to school.

Please help me.

[shervin143]

I do not think the H4 will get approved since it was filed after the I-94 expiry date. They stay in the country will be illegal fro the date of the I-94 expiry date if their extension gets denied. The longer the illegal stay, the more trouble you will invite. It is better they leave the country immediately and return back on H4 visa using your extended petition.