H1-b Approved but extension denied...?

[ziplock]

Dear People

My wife's work applied for a extension of her H1B. It was mailed and post marked before the expiration date of her original visa (only a couple of days...). It was returned and it was noted by uscis asking for a check with the right amount. The first check was for too much. It was mailed back. We received the first receipt notice 13 days after the expiration of the original visa. For 4 months we did not hear anything. The employer finally phoned and uscis said that we are out of status because it was filed to late. They also said that the paper work had a signature missing.USCIS said that they did sent a letter, but the employer never received it. USCIS mailed a letter asking for more evidence, and the evidence was sent as well as the proof that the application was sent in a timely manner.

The problem came when they approved the H1B but not the extension. Is there a way to get around that since it is clear that USCIS is at fault because of the letter that was not received and the fact that we have proof that the application was sent on time.

What are we to do? I have not heard anything from the H4 extension application.

Thank you
Ziplock

[shervin143]

Missing signature and incorrect check amount cannot be claimed as USCIS fault. I don't think she has any other option other than to leave the country immediately and return back with a valid H1B visa and the extended petition.

It is advisable to do so asap, since any time spent after the I-94 expiry will be treated as illegal stay.

It is for this very reasons why USCIS asks visa holders to file the extension well in advance (Extension can be filed 6 months in advance) instead of waiting until the very last minute.