Will NTA be issued for my pending H4 extension if i94 has already expired?

Here is our situation.

H1B Extension approved

H1B amendment + extension applied on May 2018 , Upgraded to premium on Aug 2018 , got RFE , responded and Approved in Sep 2018 ( few days back ) for 3 years ( H1B applicant in US during whole process )

H4 Extension applied even when H4 was not in USA

H4 extension applied along with H1 at same time ( May 2018 ) - But h4 applicant was not in US (H1’s employer submitted this by mistake).

H4 applicant entered US after vacation on June 2018 & still in US.

i94 expired

i94 expired on Sep first week 2018
H4 extension is still in pending status ( Vermont service center ).

Told employer to withdraw H4 extn immediately after submission, but they told they will not do it and its not an issue.
Please let us know whether we need to worry or not?

I am not clear about your question. Are you asking about H4 Extension being an issue?
Who’s i94 has expired? H1B or H4 or both?

Please clarify.

Hi Anil, I am sorry for the confusion.

Any problems with Pending H4 Extension

Do you see any issues with H4 extension as it was applied while applicant was NOT in US ( May 2018 ).
H4 applicant went for vacation outside US on Jan 2018.Returned to US after vacation on June 2018 with old visa which was valid till sep first week 2018.

H4 extension ( applied on May 2018 ) is still pending ( USCIS yet to make a decision ).

H4 i94 expired

H4 Applicant’s I94 expired on Sep first week of 2018.

Will USCIS deny H4 extension?

By any chance, will USCIS consider H4 extn as abandoned or will they deny it ?
Or will they approve it as now the H4 applicant is in US ( will continue to be here till the decision ) ?

Can I file H4 extension without leaving US again?

Worst case scenario if it gets denied or abandoned, can H4 submit another extn request ( i539 ) with out leaving US ?

Note :H1’s extn applied at same time ( May 2018) got approved a few days back for 3 years ( H1 applicant is in US during the whole extn process ) H1 extn was upgraded to premium on Aug 2018.

USCIS will either deny or send RFE for H4 Extension

As per my information, USCIS will probably deny H4 extension or may send an RFE to prove the H4 status.

Not sure how they even applied for H4 extension as it is meant to be applied only when you are in USA and want to extend your stay.

Out of Status if H4 Extension is denied - Possible scenario for NTA

If your current H4 extension is denied, you can apply for H4 extension again but your expired i94 will certainly be an issue as you will be ‘out of status’.

Get H4 by going out of USA

You should ideally have gone out of US before your i94 expiry and got the H4 visa re-validated using your H1B’s approved i797 and they would have extended your i94.
Or you can go out of US and get H4 visa stamped using h1B i797 without waiting for extension result and un-necessarily adding complications to your case.

Thank you so much Anil,
Due to health reasons,H4 is trying to avoid a travel outside country.

H4 Extension RFE

If H4 extn get RFE and if we submit proof of H4 living in US, do you see any possibility of approval?

H4 Visa stamping after H4 extension denial

Worst case scenario if it gets denied ( with or with out RFE ) and if H4 move out of country, do you see any issue in H4 visa stamping ( using h1 approval ) & come back to US ?

H4 travel to get stamp

If H4 travel now ( with out waiting for decision ) & get stamped at home country ( using H1 approval ) , wht is the process to cancel pending H4 extn application?

H4 RFE - Response should resolve issue

If you get RFE and submit the proof, then there should be no issue.

H4 Visa stamping after H4 extension denial - Depends on denial reason

The denial reason will probably define what kind of issues you can face.
In most cases, there should be no issue with H4 stamping after denial.

H4 travel out side USA to get Visa stamp

As per my opinion, it is a good idea to travel to and get stamp as early as possible due to the new NTA policy.

You never know what can happen and should avoid uncertainty as much as possible.

How to withdraw H4 Pending Extension application

To withdraw H4 pending extension, send this application withdrawal letter to USCIS: