QUESTION

H4 Denied and my H1B Extension status has not got updated after 15 day period (Premium)

Asked on Jan 02nd, 2019 on Immigration - Illinois
More details to this question:
My wife got a mail that her visa was not approved because my H1b was denied. But I have not got the denial notice from my employer or the case status was not updated in USCIS site. The reason for Wife's H4 denial was I stayed illegally in country after filing the petition but to my knowledge I didn't stay illegally. I first came to US in October 2012 but due to my company policies my visa was converted from H1B to L1A. My I94 Expiry was May 11, 2012 but my petition expiry date was May 1, 2012. I got RFE and submitted response on May 7th 2012. As per my employer I left to my home country on May 9th. Did I stayed illegal at that time. I believe this should be reason why USCIS rejected my H1B on 2018.
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1 ANSWER
Answered on Jan 27th, 2019 at 10:36 AM
As you do not have the H-1B denial itself and it appears that your wife H-4 denial did not give complete details, I make no comment on any reason for which you may have been denied. Your pinpointing the reason for denial in 2012 would appear to be a little far-fetched for a denial in 2018. Examining the fact situation that you present, you had no illegality at the time that you left the country in May 2012. An H-1B holder is allowed 10 days grace to leave the US following the expiration of the petition. That is the reason why your I-94 was given an expiration date of May 11, 2012 while your petition expired on May 1, 2012. If you left on May 9, 2012, you were within the grace period of time. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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