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  1. #1
    Join Date
    Jan 2010
    Posts
    3

    Default 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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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?

  3. #3
    Join Date
    Jan 2010
    Posts
    3

    Default 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 ?

  4. #4
    Join Date
    Jan 2010
    Posts
    1

    Default 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

  5. #5
    Join Date
    Jan 2010
    Posts
    3

    Default 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.

  6. #6
    Join Date
    Jun 2005
    Posts
    8

    Default 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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