Can H4 stay in US after extension denied due to incorrect documentation and i94 expired?

USA H4 Visa
1

Hi Anil,

Please suggest me on the below issue and the further steps.
i have applied H4 extension for my wife and kids on Dec 6th and USCIS has received on 7th Dec.
I-94 expired on December 11th . Today i have received Rejection notice from USCIS for not filling the documentation correctly .
In this case my wife and kids go out of status.

Thanks,

2

Yes, they are out of status if the application has been denied.
They should go out of US to avoid unlawful presence.
They can apply for H4 in US embassy outside US and then enter US again.

3

Thanks Anil, can my family stay for some days or they have leave US immediately ?
As My H1 extension status is still pending with USCIS , applied on 28th August.

4

No, they cannot stay if their application has been denied and i94 has expired.
They should leave within 7-10 days to avoid issues with H4 stamping.

5

Can i file H4 again ?

6

If you file H4 again while in your wife and kid is in US, it will be rejected again as their i94 has already expired. To file any extension, the person has to be in valid status.

Right now, they are ‘out of status’.