H4 Visa for minor - Not received any updates yet for H4 extension

[Dipak Sonawane]

I came here on 10 March 2015 with my family.
We all were having I-94 valid till 10/10/2015.

My current Organization filed an VISA extension for all three of us on 08/11/2015. I received receipt for application on 03/24/2016 and I have received approval notice from USCIS for H1B Extension as approved

I received email from current Organization regarding RFE for my spouse H4. I told them she got a H1B last year and wants to withdraw application for spouse. But I didn't mentioned in same email to withdraw H4 application for my daughter. I believe that's the reason I never hear back H4 approval notice for my daughter. Whenever I filed, I539 and G28 form at the time of H4 extension my spouse signed it documents not me.

I am still checking with my current Organization. Is this something my daughter is staying illegally here in USA as I-94 date saying admit until date is 10/10/2015 on website for all of us (https://i94.cbp.dhs.gov/I94/consent.html).

Me and my wife has I-94 updated on I-797.

What would be next steps for me? Please help.

[raghvi]

I came here on 10 March 2015 with my family.
We all were having I-94 valid till 10/10/2015.

My current Organization filed an VISA extension for all three of us on 08/11/2015. I received receipt for application on 03/24/2016 and I have received approval notice from USCIS for H1B Extension as approved

I received email from current Organization regarding RFE for my spouse H4. I told them she got a H1B last year and wants to withdraw application for spouse. But I didn't mentioned in same email to withdraw H4 application for my daughter. I believe that's the reason I never hear back H4 approval notice for my daughter. Whenever I filed, I539 and G28 form at the time of H4 extension my spouse signed it documents not me.

I am still checking with my current Organization. Is this something my daughter is staying illegally here in USA as I-94 date saying admit until date is 10/10/2015 on website for all of us (https://i94.cbp.dhs.gov/I94/consent.html).

Me and my wife has I-94 updated on I-797.

What would be next steps for me? Please help.

Whats taking your employer so long? Its been nearly a Year. Your daughter may have accumulated over a Year of illegal presence and it could have serious repercussions. Confirm with the Employer if they indeed filed for H4 extension for your daughter.

This is my opinion not legal advice.

[Dipak Sonawane]

Whats taking your employer so long? Its been nearly a Year. Your daughter may have accumulated over a Year of illegal presence and it could have serious repercussions. Confirm with the Employer if they indeed filed for H4 extension for your daughter.

This is my opinion not legal advice.

Thanks for response Raghvi.

Actually I got H1 approval on 24th March 2016. Right after 10 days I received email from my employed there was a RFE on H4 application titled "spouse name, my name" in email subject. I told them I want to withdraw spouse H4 request as she got H1 in 2015 quota. But looks like they might have withdraw my daughters application alongwith because I-539 was filed with Spouse and Daughter as a supplement . I am not sure what has happened but employer checking with Attorney. I am awaiting response. But I thought I will raise request here if similar case or any experienced this situation.

Is there any possibility or different ways to correct daughter's status as she is minor. Or do I need to repatriate and re-enter in USA?

[Dipak Sonawane]

Got approval notice for dependent

Got approval notice for daughter after following up with employer.

In future of anybody face this issue please keep in mind is that each individual has separate receipt number on filing extension. H1B person has separate receipt number EAC152 **** *** (13 character) and H4 dependent has separate 13 character receipt number.

- - - Updated - - -

Got approval notice for daughter after following up with employer.

In future if anybody face this issue please keep in mind is that each individual has separate receipt number on filing extension. H1B person has separate receipt number EAC152 **** *** (13 character) and H4 dependent has separate 13 character receipt number.

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