H4 Extension Denied. I94 expired - how much is the grace period?


(C T) #1

Hi,

My H1b amendment got denied and hence H4 extension petition for my dependents also got denied.I-94 has expired for my dependents on Aug 2018.

Do they have to travel to India immediately?Is there a grace period from the time we get denial notice?What are my options.


(Anil Gupta) #2

What is your (primary H1B) current i94 expiry?

Was this a pure extension application or an Amendment + extension application that got denied?

And what is the denial reason?


(C T) #3

My Primary H1b expiry is till Nov 2019 for old location of my office.I had posted another post and you had clarified all my questions yesterday.


(Anil Gupta) #4

Ok. There is NO grace period.

Did your dependents get H4 also renewed at the time of your H1B transfer approval? if yes, then, they would have also got the new i94 and new i797.

But, if you do not go back to old work location (as per approved H1B transfer application) or file a new application immediately, you all have to leave US within 10 days.


(C T) #5

No my dependents do not have H4 renewed during my H1 transfer.

So i guess if i dont go back to my old location or my company doesnt file new ammendment my dependents have to leave immediately since their I94 also expired.


(Anil Gupta) #6

Yes, they have to leave.

Remember, without valid i94, they are accruing ‘Unlawful presence’ in US from the date of denial.
‘Unlawful presence’ has bad consequences for future visa applications.

So, it is better that you talk to your employer and their attorney to quickly plan something concrete.


(C T) #7

Thanks a lot Anil. I really appreciate.