H1B applications out of the scope of NTA at this time – Good news At this time, USCIS is NOT implementing NTA for employment-based petitions including H1B. Below is the exact text from the decision: "You requested an ext of your H4 non-Immigrant status. According to the timeline, this H4 was approved on the same day as the H1B approval (04/08), even before the Biometrics (04/25). When did you file the H4 applications? H1b application was approved but change of status from H4 to H1b was denied because of travel to India (outside of - Answered by a verified Immigration Lawyer We use cookies to give you the best possible experience on our website. Anyway I have the H1B petition. But, the problem is that if you withdraw H4, the time period between i94 expiry and the date of H1B approval will become ‘OUT OF STATUS’ due to i94 expiry. On Apr 22,2015, we received I539 denial notice since the principal alien was not maintaining a valid non-immigrant status for my dependents. Did you file it while your dependents were outside USA? Can I go to india and do the stamping for my spouse without her petition. H1B extension is denied but have approved I140 and current visa is valid till 24 March 2017 I had my biometrics that was done on June 4th. You may need to download version 2.0 now from the Chrome Web Store. Did your dependents get H4 also renewed at the time of your H1B transfer approval? My I-140 was approved today and an H1B extension based on I-140 would be filed in couple of days, before … The reason that he/she received his/her approval notices so late (05/16) is probably because these notices … USCIS has reviewed the evidence of record and found that you filed a petition for a non immigrant worker … Your IP: 35.201.9.151 My employer filed MTR(motion to reopen) on April 25th and suggested me to apply for H4 Change of status using my spouse's approved H1B. Based on that I applied H4 COS on April 29th,2019. • First of all, you will want to determine whether your H-1B extension was denied or if it was rejected. Initially I had applied H1B and 2 dependent (Spouse and Child) H4 Visa extension. How long will H4 takes to get approved since my H1B got approved and received the petition also. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. My H1B extension was denied on Sept 12th, employer received denial notice on sept 18th and I departed US on Sept 25th. Hi I am now applying for H4 Visa and need help with following questi… File Second Transfer before First’s Denial – i94 expired, Old H1B expired If you file a second H1B transfer before the first one reaches a result, you can start and keep working for a new employer. H4 extension is filed to get a new i94 when the person does not want to travel out of the US. If H1B application with COS is approved first and H4 is still pending, her status will change from H4 to H1B. You can stay in US because extension is for future time period and your current H1B approval is still valid. so, I returned back to india with 15 days after receiving the denial notice and working for the same client on different project with new roles and responsibilities. Your H4 extension may be automatically abandoned by USCIS if you travel while it is pending. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. My H1B extension got approved but I didn’t get any update from USCIS on H4 extension. The denial notice say that approved I129 … During the first stage, an … The USCIS processes H-1B extension petitions (and all visa petitions) in two stages. As my child I-539 case number different and it still showing in progress - “Case Was Received” status. My I94 had expired on March 27th. My H4 Extension petition I-539 has been denied with a letter I-539N stating that I have an approved H1B Out of Cap petition that was approved after the I-539 was filed. So as of now I have to ignore my spouse case result and in case of my child pending case status I have wait until it’s status get updated online and base upon I have to take action? ☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆ CLICK THIS TEXT ->TO MESSAGE US IN WHATSAPP ☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆ CLICK HERE TO JOIN OUR WHATSAPP GROUP 7 Or send us Text or whatsapp message to +1-901-308-4647 (USA) – VENKAT & ERNESTO Note : No phone calls to this number CLICK HERE TO JOIN FACEBOOK GROUP FOR MORE INFORMATION What … Sufficient time to be given before NTA is issued – USCIS will send denial letters for … As part of job switch my new employer applied for H1 transfer and also H4 extension . Now my employer is planning to file my H1B extension under cap exempt with different position and roles and responsibilities to utilize my pending 4 years period of H1B … The 240 Day Rule should not be relied upon to guarantee the worker’s reentry to the U.S. One should be prepared to answer questions irrespective of whether the interview is to Consulate for a new H1B visa or for an H1B renewal or extension. One year back my 2nd H1B extension is denied due to lack of complex roles and responsibilities on Job Position. H1 B visa extension got approved in premium processing in Jan and after that recently my spouse traveled back from India with valid H4 visa stamping and she having valid I-94 till the same as my(H1-B) I-94 expiration date. if yes, then, they would have also got the new i94 and new i797. Everybody who files H1B petitions for employees has noticed an uptick recently in requests for evidence and in denials. Does anyone have knowledge on whether it is possible to apply for H1B while the B1 processing is still pending? H1B Extension Denied. I have applied H4 extension for my dependents on 01-Oct-2014. Your child’s application should reach its own result. I received H1B approval without extension of stay. I-539N denied decision letter came on 06/07 and in this letter mentioned only my wife case number and NOT my daughter case number.whose case is still showing pending - “Case Was Received”. The whole purpose is lost if you travel after filing an H4 extension. H1B Extensions denied 2 times & got approved 3rd time under Consular processing. Like this thread 1 0. and in Decision letter they mention both Applicant(s) name Primary Spouse and minor child name as well. actually beneficiary was here in US at time of application till date. Performance & security by Cloudflare, Please complete the security check to access. H1B extension is denied but have current I797 valid till 24 March wit a approved I140. Question -. Breaking News: USCIS will start implementing NTA policy starting Oct 1, 2018, for i539 (like H4, H4 COS) and i485 applications. But recently my wife I-539 (H4) application case was denied with reason due to H-4 the requested non immigrant extension date was not match as per H1-B visa I-94 approved … Problem: H1B Extension is approved but H4 Visa Denied. ANSWER: Yes! On 02-Mar-2014 we submitted all the requested documents to USCIS before the deadline date for RFE submission. #2 I-140 Approved. USCIS can only approve H1B transfer as consular processing if they approve unless an extension is approved first. • You can work with the current employer until the H1B extension is once again denied or the H4 is approved. But recently my wife I-539 (H4) application case was denied with reason due to H-4 the requested non immigrant extension date was not match as per H1-B visa I-94 approved expiration date. But, if you do not go back to old work location (as per approved H1B transfer application) or file a new application immediately, you all have to leave US within 10 days. What If I Get an H-1B Extension Denial? Hi Last year in September 2019 I decided to switch my job, I and my wife have valid visas H1 n H4 respectively valid till feb 2021 . What are your options when USCIS denies your H1B petition? QUESTION 2: After i file my H4 and say on August 15th ( i.e after current I94 expiry date) if my H1B extension is APPROVED, then can i cancel my H4 application and continue working for my current employer. Even though they seem like synonyms, in immigration law terminology, there is a crucial difference between these two terms. Employer Revokes i140 after H1B Transfer #1 I-140 revoked before approval My wife alone went back to India in first week of March and came back immediately and she having I-94 with same expatriation date (same as H1B I-94 expiration date). When I had filed H1B + H4 extension both dependents in USA only. Given my H1 was denied, I was not in a situation wherein I can travel back to India as my passport at that time was expired and it was in the renewal process. Cloudflare Ray ID: 62718ffcffc916c9 My H1 got approved in September 2019 itself But my wife I-539 was in pending state for almost 5 months And today website shows it was denied ( yet to receive … Withdrawing H4 after H1B transfer approval. Note : My visa and i94 expires in Jul 2019. You can use your I-140 priority date to port to new employer B. So do I needs submit and Nunc Pro Tunc Application to correct as per primary non applicant (H1B) visa holder date? Can I go for stamping for my spouse with my H1B petition? Case details, 1) Applied premium with Employer A on Nov 2017 with premium and got RFE in Dec 2017 – Replied on Jan 2018 2) Denied on Feb 2018 3) Applied with New employer (Employer B) on Feb 2018 with Regular process….. got RFE in April 2018, … You can ignore the H4 extension if your wife’s new i94 matches your current H1B validity date. Thank you Anil for your response. H1 B visa extension got approved in premium processing in Jan and after that recently my spouse traveled back from India with valid H4 visa stamping and she having valid I-94 till the same as my(H1-B) I-94 expiration date. Another way to prevent getting this page in the future is to use Privacy Pass. Powered by Discourse, best viewed with JavaScript enabled, H1B Visa approved H4 Dependent Denied - Nunc Pro Tunc application for minor H4. Reason stated is 8CFR part 214.2 (h) (15). If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. In addition, if the H1B worker leaves the U.S. while the H1B extension is pending and within the 240 Day Rule, they will most likely have to wait outside the United States for the extension itself to be approved. I later got an RFE asking me to submit/provide the documents of my spouse H1b … Please enable Cookies and reload the page. Or do I have to wait for their decision in case of minor H4 I-539 case ? You can file H1B transfer with approved i140 and get a 3-year extension after a 6-year quota. Posted is I797A approval notice instead of I797C receipt notice, so the notice date on it should represent the approval date. Your employer A can revoke the I-140 if 180 days have not passed from the date it was approved. Get the professional help with US H1B visa RFE and denials with us. If your i94 has not expired on the date of H1B extension denial, you can file another extension and keep working in USA. I have filed H1-B and two H4 visa extensions all together on Jan 25th and within week I had received H1-B visa extension approval. You are expecting Quora members to read your mind. You can check out recent jobs here: Number of Available OPT jobs in California; Demand for H1B visa jobs in Virginia; The myths about H1B Rejection and approval: The premium does not increase the chance of H1B visa approval … As my spouse having valid I-94 as she reenter with valid H4 visa, but still do I have to take action of these I-539N decision. In this case, you SHOULD file for H4 withdrawal. Extension denial does not invalidate your current H1B. Hi @needhelp123. Initially I had applied H1B and 2 dependent (Spouse and Child) H4 Visa extension. Beneficiary must be physically present.
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