RFE for H4 VISA. Please need your inputs

[Chandra Maroju]

Hi All,

I have applied for mine (H1B) & family's (H4 Visa) extension from USA on 5th July 2016. At that time, my family was in INDIA. I filled Form I-539 form for my dependents accordingly. Family came to USA on 19th May 2016. and than after few days my H1B visa extension (filed under premium processing) got approved. Now just few days back, I received a RFE mail for my family's H4 VISA extension. They say that "According to USCIS records, the applicant departed the UNITED STATES on May 23rd, 2016 and has not returned to USA. THe record does not contain evidence that the applicant has been maintaining his non-immigrant status".


I am surprised that how come they are saying that my Family left on 23rd May,2016? please help me what to do. I need to respond to this ASAP to USCIS.

[raghvi]

Hi All,

I have applied for mine (H1B) & family's (H4 Visa) extension from USA on 5th July 2016. At that time, my family was in INDIA. I filled Form I-539 form for my dependents accordingly. Family came to USA on 19th May 2016. and than after few days my H1B visa extension (filed under premium processing) got approved. Now just few days back, I received a RFE mail for my family's H4 VISA extension. They say that "According to USCIS records, the applicant departed the UNITED STATES on May 23rd, 2016 and has not returned to USA. THe record does not contain evidence that the applicant has been maintaining his non-immigrant status".


I am surprised that how come they are saying that my Family left on 23rd May,2016? please help me what to do. I need to respond to this ASAP to USCIS.

I539 should not have been filed when they were outside US.

This is my opinion not legal advice.