My spouse's employer has filed an H1B extension along with amendment due to office relocation. the petition was filed during the 1st week of December 2019, We are yet to hear from USCIS on the decision. There was no RFE and the current waiting time seems to be until July.
I-94 has expired 4 months ago, In this situation, if we receive a negative response from USCIS will there be any consideration of the current situation, Do they get sufficient time to arrange the travel back to the home country?
Is USCIS is taking any actions to change the rule to address the current cirisis? My intention is to avoid travel while the outbreak is still out of control.
Since this petition is for amendment + Extention, Our understanding is applicants can stay legally until they hear back from USCIS. Please correct me if our understanding is wrong.
You are correct, your spouse can stay in the US until a decision has been issued.
I'm assuming that you also have a 'linked' H-4 extension.
Unless there is something unusual about your case, there is no reason a denial cannot be overcome. There is a very small percentage of denials that cannot be overcome since the reason for the denial is because either the attorney or CCIS doesn't do their job correctly.
