H4 Extension Denied Out of Status - Please suggest

[SreeGanesh]

Hi Team,

Back in Sep 2019, my new employer’s immigration law firm has applied for my H1 transfer and My wife’s H4 extension too. My H1 transfer got approved in few days but I was waiting for my wife’s extension approval. I have been checking with my lawyers and warned them about wife’s I94 expiry which is on April 1,2020. They assured that nothing to worry and it will take 4-8 months generally to get the h4 approved. However, on April 18 I got a denial notice for her H4 extension with a reason that my wife has not attended her biometrics appointment. We never got the biometrics notice via mail and when we check with lawyer they said that they didn’t get the notice either. As of now, my wife is out of status and my lawyers say that we will have to file a new case instead of reopening the case.

i have 2 options
1. To send her to India and schedule an appointment but due to the current situation when we checked we see the next appointment date is in February 2021.
2. File a fresh case and wait for the decision. But right now if they file the fresh case, how much time would it take to get the approval? Is it advisable?

Can you please suggest what to do?

[rkk09]

Hi,
Providing answer with current situation.
If anyone meet this kind of scenario, I will suggest to leave the country and get the visa stamped outside instead of filing another petition.. Thing is, she is not having status at the time she hears the case result from USCIS. So, even if she files another petition, We can not have much hope on that petition too. So to travel on smooth way, she can consider obtaining visa at consulate/embassy.
Thanks