H4 extension filed

[Kayalsatheesh]

My H4 Visa Expiry date: 12/14/2016.

My Husband Old Employer - Capgemini sent for the H1B extension along with my H4 extension by Dec-7-2016 through fedex.

The file was picked by Dec-22-2016 and i got the H4 extension receipt by Jan-4-2017. Please find attached for the receipt no.

His H1b transfer was filed by new employer and he got his I797 approved by Dec-13-2016

As per your advice i didnt file H4 extension through my husband new employer, since they were filing his H1 in premium mode.

Hence my H4 extension was filed through his old employer ONLY.

Once i received the receipt from old employer after knowing it is in pending status, we sent the H4 extension from new employer by Jan-6-2017. It reached Phoenix Arizona USCIS office by friday
Now my spouse attorney is suggesting , since the extension was not filed on timely still my presence is unlawful and suggesting to depart the country for H4 stamping through consular process.

Please suggest whether consular process is the solution as suggested by her , we afraid as my presence is unlawful, or the current H4 extension filing through new employer will get approved without any problem
How long will it take for phoenix arizona to process when there is already H1B petition filed????

Also when the old employer might generally revoke the pending petition filed???

 

[FlyingRon]

Once your husband left the first employer, the employer was obliged to report all the visas/petitions to be canceled.
Who "advised" you not to apply with the new employer/H1B?

Anyhow, you need a lawyer on this one (or you'll have to go home for the stamping).

 

[Kayalsatheesh]

I applied for COS it was on RFE by the time my husband applied h1 transfer so his attorney adviced approval of H4 will cancel my h1b, bt unfortunately my h1 was denied by dec22nd thats is why this confusion. Now my extension was filed from new employer by jan6th don knw when will i get approval

 

[FlyingRon]

There definitely is much confusion. You never mentioned YOU were applying for an H-1B. Further, there's no "transfer" of an H visa. Your new employer (or your spouses for the H-4) applies for a new Visa. What does happen is you can skip some steps the second time around (like the cap issues).

You need a lawyer who you can talk to and show your records, but it appears you have made a major mistake already and it indeed may not be possible to resolve from inside the US (though you may be able to go to Canada rather than back to India, if I am guessing your nationality correct).

 

[Kayalsatheesh]

I am not out of status right now .... as my husband old employer extension is pending provided until revokes. We thought can wait for a month and go to india for stamping owise. For canada i need a visa ..... my h4 extension was filed through normal with my spouse old employer by dec 7 th 2016 but the file was picked by dec 22nd 2016. I hav the receipt no for that... still am i out of status???

 

[FlyingRon]

You SHOULD be out of status. The fact the employer is breaking the law by not informing CIS about employees he's no longer employing is immaterial. It still can catch up with you. I've lost where you are in the spaghetti threads you're weaving. Since you entered legally and have a pending change of status you are temporarily OK (not to say that when you are ultimately denied they won't retroacitvely apply all this illegal presence time). Leaving the US though will likely cause you issues trying to reenter.

Given you propensity to drop salient details, your only real option is to bring all the paperwork to an immigration attorney.