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Status of H4 Visas After 221g Denial of H1B

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  • 01-14-2010, 09:27 AM
    mustram
    Status of H4 Visas After 221g Denial of H1B
    Hello,

    I had come for H1B Stamping in Nov 2009 but have been issued 221g

    My family is on H4 and are still in USA.

    Does my extended stay out of USA affect their status ??

    If they stay till May becuase of my daughters school will it create problems with USCIS in the future ?

    Thank you for your help and replies.
  • 01-15-2010, 07:55 PM
    Mr. Knowitall
    Re: Status of H4 Visas After 221g Denial of H1B
    Their H4 visas are derivative of your H1B, but I'm assuming that at this point they haven't overstayed their I-94's, right? And your employer is working on clearing up whatever concern the USCIS has so that you can return, correct?
  • 01-19-2010, 09:13 AM
    mustram
    Re: Status of H4 Visas After 221g Denial of H1B
    Mr. KnowItAll,

    Thank you for your reply

    My family's I94 is valid till July 2012

    And my employer has already submitted required documents to consulate.

    Can my family legally stay in USA till the case is resolved ?
  • 01-30-2010, 04:19 AM
    pittbaby
    Re: Status of H4 Visas After 221g Denial of H1B
    no as long as the consulate as not requested that the USCIS revoke your h1b status and your employer does not cancel due to extended abscence . the h4 is a derviative of your status not your stamping
  • 01-31-2010, 08:01 AM
    mustram
    Re: Status of H4 Visas After 221g Denial of H1B
    Pittbaby thank you the reply.

    Does this mean that my family can legally stay in US till my H1 is revoked even if I am not in the USA ?

    I am worried because I don't want to have any issues with USCIS in the future.
  • 03-04-2010, 07:56 PM
    woow14623
    Re: Status of H4 Visas After 221g Denial of H1B
    Mustram,

    Since you said your family has H4 validity and I-94 till 2012....There is no issues.
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