H-4 concern... Urgent

[ds26]

Hello,

I applied for my H-4 along with my husband's H1 extension in May 2007, our I-94 was to expire on Sep 30, 2008. There was no reply sent by USCIS. In January 2009, they sent RFE and the details requested by them was sent across and they approved my husband's and my extension on May 15th 2009, 10 days before the 240 day period ends. However, I haven't got the new I-94 nor the approval papers till now.

On May 5, 2009 as we didn't see any approval notice, we had filed for transfer to another company for both of us, and they did premium processing for my husband. His H-1 is approved, but my H-4 is rejected stating that I have overstayed.

I wanted to get suggestions on what we can do to correct this situation?

1. Am I legally allowed to stay in USA?
2. Should I leave USA immediately and file an appeal?
3. Should I leave USA and file a new H-4?
4. Can I get the approved H-4 from USCIS and then go out of USA and get it stamped and come in again?

Pls advice.... thanks in advance

[txh1b]

You need to talk to a good attorney immediately. Do you have the receipt for your H4 extension case? A MTR should be filed immediately within 30 days od denial. Don't waste time on the forum. Are you sure the H4 extension was approved?

[ds26]

Thanks for the reply...

I have the all the extension reciepts. I know the extension was approved, as I checked the case online. It said on the USCIS site that the case was approved and that the I-94 has been mailed.

[ds26]

Am Legal!!

Let me update what happened with my case so that it may be of use to someone else in a similar situation later on:

- We met the USCIS Officer at a Local Office and he confirmed that I can legally stay in US as I have an approved H-4 (even though it is from my husband's previous employer) and he confirmed that it is valid till xxx, yy 2011.

- He said that USCIS will send free of cost the duplicate Approval Notice, as the one that they have originally sent went back to USCIS and they did destroy it. He has raised a request for the same and said that I should get it in 30 days. He did expedite the service.

_ Now, for the rejected H-4, he confirmed to us that it was an error on the part of USCIS and to raise a Service Motion Request, which is free of cost and not Motion to request for which one has to pay $585.00.

So, finally, I have a light at the end of the tunnel!!