We are in a similar situation where the H4 got denied and EAD application along with H4 was given RFE. I and my wife have valid visas H1 n H4 respectively valid till feb 2021 . Consular Officer: why are u converting from H1 to H4. Raised MTR for both the cases(though initial denial crossed 33 days) and couldn’t able to travel due to pandemic and pregnancy. On Dec 12th my case status was changed to Approved, after 4 days we received I797B instead of I797A. Do you know the H4 extension start date requested while your applied H4 transfer? THE NUMBER 1 CHOICE FOR THAI RETIREMENT VISAS HERE IN PATTAYA Objective: Convert to H4 after H1B extension denial. The reason is that, the processing of H4 EAD dependes on H4 approval, so they process H4 faster. Some have waited for 10+ months to get it approved. Hi Anil, My situation looks complicated,please take a look and advice. Last year in September 2019 I decided to switch my job, But given that it’s a Friday and Covid-19 shutdown I will need to wait for some more day s for the response . Yes, if your H4 EAD expedite request is approved, you will get H4 processed faster. H1B to H4- Change of status at Matamoros, Mexico Attended visa interview on July 23, 24 2018 ☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆ Below questions were asked by the consular officer. Once your I-94 expires you become out-of-status and are unlawfully present in the U.S. By strict definition of the law, you are required to leave the U.S. prior to the expiry of your I-94. thanks for letting me know what exactly initial documents are …. You can stay in US because extension is for future time period and your current H1B approval is still valid. Feb 2021 H4 NPT denied, don’t know reason yet. Copy H1 visa – Your spouse’s employment-related visa. H1B transfer is not directly related to H4. Good that you have not started to work as you are still on H4 status. As a result, you Form I-539N is denied. I will check with the lawyers what all info they submitted. In July 2019 H1,H4 extension was timely filed in PP. Call the USCIS help line. Your application is denied. 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 . Copy of your marriage certificate – Evidence proving a bona fide marriage. Mean while I wanted to know what could be the reason(s) for denial and what would be next steps? You have requested for ‘extension of status’ and not ‘change of status’. However, the work authorization status of H4 visa holders is very much up in the air with the immigration policies of the Trump administration.. So, it can take time. I am on H1B. Hello Guys, My H1 got picked this year, got an RFE on Oct 17, and my OPT expired on Nov 2 so I joined a Day 1 CPT at Harrisburg before my OPT expired. What if they date was not mentioned ? This leaves many H4 visa holders uncertain … And today website shows it was denied ( yet to receive reason), I am yet to get response from my lawyers …. A spouse’s time in H4 status does not count as H1B time. Page 2 part 3 Q1 @Anil_Gupta :: I got the letter and it states:: petitioners for application to extend/change status status must complete and properly fill Form I-539N will all initial evidence required by the instructions. I still suggest to talk to your attorney and then decide the next step. If i file a MTR how long will it take if my H1 is is premium Asked on Oct 18th, 2011 on Immigration - … Reason stated is 8CFR part 214.2(h)(15). part 2 Hi All, My employer applied a H1B extension on 01-OCT-2014 while my visa&i-94 expired on 01-Dec-2014. Box filled with 1 . Powered by Discourse, best viewed with JavaScript enabled, H4 NPT denied and overstayed more than a year now. I/we request that my/our current or requested status be extended until : BTW If your H1B is approved in transfer, you are fine. I have filled DS-160 forms, and used my future date H1- petition number ( recently H1-extn approved by USCIS ) which is valid from 05/21/2021 to 05/20/2024. One question tho till I wait … my wife’s I-94 & h4 (before applying for the extension) is still valid till Feb 2021 … that will still hold good rite ? We never had a intension of staying out of status but all happened in sequence of events. Same is the case with L2. I can only see end date requested My employer says my H1 is approved but not the Change … It looks like attorney may have missed some critical document. Does it has any significance? New H1-B & H4 application submitted,After RFE's ,H1-B approved with consular processing. Question : Need quick help. I have some clarifications when applying H4-extn for my dependents (India) to get h4-stamping in India. Because you are now an H1B, your application to extend H4 may not be approved. But you must stop working once your H4 visa is approved. However, if you disagree with this decision, or if you have additional evidence that shows this decision is incorrect, you may submit a motion to reopen or a motion to reconsider by completing a Form I-290B, …. So I took a help of immigration attorney to file my wife's H4 on the basis of new H1 which was pending with premium processing in Oct 2004. Now, H4 approval is tied to H1B approval. I have my I-140 approved in 2012. Part 2 , 3-b section : new status and effective date of change , is left empty. H1 got RFE instead of responding RFE current employer withdrawn only H1 application and applied new H1 and it got approved leaving H4 as-is expecting RFE so that we can respond. But my spouse to be on safer side applied another H4 in Oct 2019 which is after I-94(sep 2019) we sincerely not aware of NPT option that time. How long can legally stay in US before going out of country? Accordingly your status was changed to H1B. H1 visa approval notice – The copy confirming your spouse’s H1 visa. H4 to H1B cap exempt You had an approved and stamped H1-B visa from outside USA which was never utilized. Hi They gave 33 days to apply for motion to revoke. Recently I have applied h1 extension and got the future visa valid start date. USCIS can’t guess the dates. You have to follow the instructions on the letter. As part of job switch my new employer applied for H1 transfer and also H4 extension . As per Attorney suggestion filed AOS (though Iam out of status)in eb2 to eb3 downgrade mode PD is Dec 2014. This means that you did not submit any documents to prove you are dependent of H1B visa holder. H4 to H1B Visa: How to Apply for a Change of Status Posted by Frank Gogol. Usually, USCIS may not allow if they have already denied. As part of job switch my new employer applied for H1 transfer and also H4 extension . Now, a consulting company here in US filed a cap exempt H1-B transfer I-129 through Premium processing. We are yet to receive the notices. This consolidation is a result of Trump Executive Order that banned H1B, H4 Visas entry to US and gave other directions to DOL, DHS to scrutinize the US … Reply Question from a reader about Approved, I-140, H1B Visa, H1B Extension, EAD for H4 and change of employer. H1B Visa. 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. 1. Both MTR’s denied with almost similar reasons on May 2020(Couldn’t able to travel due to panademic ) and July 2020(couldn’t able to travel as just delivered baby). Your status is “unlawful presence” immediately after the denial. Kindly advise. 2 sections were states:: Your H1B visa does not expire when your H4 visa is approved. on Nov 28, we submitted the response to USCIS query. So the timely filed H4 got denied in Jan 2020 saying primary applicant withdrawn so we were in assumption(such a blunder) another application will get approved and didn’t take any sort of action. I remember submitting previous I-94, H4 visa , marriage ceritificate … 2. COS petition approval takes a minimum of 3 months for approval by regular processing or 15 calendar days by premium processing. Cambodia Inter Tour & Travel Co., Ltd. I just have 1 H4 application , but I see my lawyer in My H1 got approved in September 2019 itself 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 … My situation looks complicated,please take a look and advice. Iam not sure what are my options now. H4 i94, marriage certificate and passport are some of the initial set of documents you need to send. It's USCIS mistake. Check with them and if they had sent everything correctly, you can challenge the USCIS decision. Problem: H1B Extension is approved but H4 Visa Denied. Records show that I-129 was approved on May 1, 2020. On March 2020 lately filed H4 also denied for late filing, but by this time Iam almost 20 week pregnant. In June 2004 I changed my company and H1 for that company was pending. Powered by Discourse, best viewed with JavaScript enabled, I-539 H4 Denied when filed with H1B transfer. Spent already 180+ days and raised H4 NPT in Sep 2020. If the spouse spent six years in H4 dependent status they could have an H1B visa filed on their behalf and get the three years and renew for another three-year period in H1B status. Also , Sure. But Spouse and 2 kids H4 denied ( spouse & kids must prove related to applicant & spouse & kids cannot travel before applicant,must travel together) This 3rd H1-B extension. The priority date is July 2012. 8 CFR, section 103.2(a)(1) Extension denial does not invalidate your current H1B. Beneficiary must be physically present. Can you tell me which section I need to look at for the start date ? The spouse that initially had the H1B can also apply for H4 status. In July 2019 H1,H4 extension was timely filed in PP. promiseking. Please note that … USA. This decision may not be appealed. The I-539N you submitted did not include any initial evidences in compliance with the regulation. February 23, 2019, 10:05am #1. H1 got RFE instead of responding RFE current employer withdrawn only H1 application and applied new H1 and it got approved leaving H4 as-is expecting RFE so that we can respond. 9.Attorney suggested not to leave country as we filed AOS that will freeze my ULP. Have checked 4 ( I am the only applicant ) I will complete 6 yrs on H1 in September 2014, and have already gotten the The I-539N you submitted did not include any initial evidences or supporting documentation. Did you submit existing H4 visa or H4 i797? But my spouse to be on safer side applied another H4 in Oct 2019 … In Nov 2004 INS approved my H1 but they changed the H4 in normal processing. So, the processing times are long as it requires biometrics. just in case they missed anything … can the resend it and consider to reopen ( i think the letter says so, but just wanted to check again)? I had H1B approved, but the COS denied from F1 to H1B and advised for consular service. But my wife I-539 was in pending state for almost 5 months As such you have not demonstrated eligibility for the benefit sought. INS has denied the H4 in Sep 2004. H4 visa status allows the immediate family members of H1B visa holders legal residence in the United States. With Visa stamp of H4 in passport, you can enter US and do not need the H4 approval notice from USCIS. I can only guide based on what limited information you are sharing here.
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