1. THE NUMBER 1 CHOICE FOR THAI RETIREMENT VISAS HERE IN PATTAYA Reply 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. part 2 INS has denied the H4 in Sep 2004. I can only see end date requested USCIS issued a policy update consolidating their guidance to apply “Discretion” for adjudication of various petitions/ applications that are filed with USCIS, including the ones related to Employment Authorization (EAD). H4 to H1B Visa: How to Apply for a Change of Status Posted by Frank Gogol. And today website shows it was denied ( yet to receive reason), I am yet to get response from my lawyers …. The spouse that initially had the H1B can also apply for H4 status. 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 … Some have waited for 10+ months to get it approved. So the timely filed H4 got denied in Jan 2020 saying primary applicant withdrawn so we were in assumption(such a blunder) another application will get approved and didn’t take any sort of action. H1 got RFE instead of responding RFE current employer withdrawn only H1 application and applied new H1 and it got approved leaving H4 as-is expecting RFE so that we can respond. Same is the case with L2. So, it can take time. H4 visa status allows the immediate family members of H1B visa holders legal residence in the United States. The reason is that, the processing of H4 EAD dependes on H4 approval, so they process H4 faster. Hi All, My employer applied a H1B extension on 01-OCT-2014 while my visa&i-94 expired on 01-Dec-2014. I can only guide based on what limited information you are sharing here. Raised MTR for both the cases(though initial denial crossed 33 days) and couldn’t able to travel due to pandemic and pregnancy. My situation looks complicated,please take a look and advice. COS petition approval takes a minimum of 3 months for approval by regular processing or 15 calendar days by premium processing. As such you have not demonstrated eligibility for the benefit sought. I and my wife have valid visas H1 n H4 respectively valid till feb 2021 . actually beneficiary was here in US at time of application till date. 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. So, the processing times are long as it requires biometrics. I cannot really guess the reason of H4 denial with limited information you have. Powered by Discourse, best viewed with JavaScript enabled, H4 NPT denied and overstayed more than a year now. H4 i94, marriage certificate and passport are some of the initial set of documents you need to send. In July 2019 H1,H4 extension was timely filed in PP. Your application has been denied based on the new rule that USCIS announced which allows them to deny if you do not send initial evidence with your application. @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. 8 CFR, section 103.2(b)(8)(ii). Question from a reader about Approved, I-140, H1B Visa, H1B Extension, EAD for H4 and change of employer. 2 sections were states:: What if they date was not mentioned ? 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. 8 CFR, section 103.2(a)(1) Usually, USCIS may not allow if they have already denied. My H1 got approved in September 2019 itself Your employer can file a COS and pay all H1B fees again or you can leave and enter US with a H1B visa. 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 … 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. Hi on Nov 28, we submitted the response to USCIS query. You have to follow the instructions on the letter. My employer says my H1 is approved but not the Change … I will complete 6 yrs on H1 in September 2014, and have already gotten the 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, …. H1B transfer is not directly related to H4. As part of job switch my new employer applied for H1 transfer and also H4 extension . thanks for letting me know what exactly initial documents are …. Spent already 180+ days and raised H4 NPT in Sep 2020. Powered by Discourse, best viewed with JavaScript enabled, I-539 H4 Denied when filed with H1B transfer. This leaves many H4 visa holders uncertain … Extension denial does not invalidate your current H1B. In July 2019 H1,H4 extension was timely filed in PP. Objective: Convert to H4 after H1B extension denial. Now, a consulting company here in US filed a cap exempt H1-B transfer I-129 through Premium processing. 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 . You quit the H1B sponsor employer and came to US on H4 visa as a dependent. Yes, if you can get an appointment at US consulate in your home country or wherever you plan to get stamping. But you must stop working once your H4 visa is approved. Accordingly your status was changed to H1B. 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. Beneficiary must be physically present. Did you submit existing H4 visa or H4 i797? Last year in September 2019 I decided to switch my job, Does it has any significance? Yes, if your H4 EAD expedite request is approved, you will get H4 processed faster. sure … thanks … Please note that … 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). I just have 1 H4 application , but I see my lawyer in 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. 2. USA. This decision may not be appealed. You request start and end date of your extension on form i539. It's USCIS mistake. Feb 2021 H4 NPT denied, don’t know reason yet. Box filled with 1 . Iam not sure what are my options now. On March 2020 lately filed H4 also denied for late filing, but by this time Iam almost 20 week pregnant. H1 visa approval notice – The copy confirming your spouse’s H1 visa. In Nov 2004 INS approved my H1 but they changed the H4 in normal processing. I have my I-140 approved in 2012. Mean while I wanted to know what could be the reason(s) for denial and what would be next steps? I have some clarifications when applying H4-extn for my dependents (India) to get h4-stamping in India. As per Attorney suggestion filed AOS (though Iam out of status)in eb2 to eb3 downgrade mode PD is Dec 2014. I remember submitting previous I-94, H4 visa , marriage ceritificate … Call the USCIS help line. Question : Need quick help. We are in a similar situation where the H4 got denied and EAD application along with H4 was given RFE. Also , We are yet to receive the notices. 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. Now, H4 approval is tied to H1B approval. Kindly advise. However, the work authorization status of H4 visa holders is very much up in the air with the immigration policies of the Trump administration.. I will check with the lawyers what all info they submitted. With H4 visa stamping, you take out the long processing times dependency with USCIS and get visa stamp in passport. I am on H1B. Good that you have not started to work as you are still on H4 status. And in addition have Q 5b. With Visa stamp of H4 in passport, you can enter US and do not need the H4 approval notice from USCIS. The priority date is July 2012. 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. Sure. Copy of your marriage certificate – Evidence proving a bona fide marriage. Copy H1 visa – Your spouse’s employment-related visa. The I-539N you submitted did not include any initial evidences or supporting documentation. 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. Page 2 part 3 Q1 Have checked 4 ( I am the only applicant ) A spouse’s time in H4 status does not count as H1B time. How long can legally stay in US before going out of country? This means that you did not submit any documents to prove you are dependent of H1B visa holder. Reason stated is 8CFR part 214.2(h)(15). 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)? 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 … They gave 33 days to apply for motion to revoke. 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 - … I had H1B approved, but the COS denied from F1 to H1B and advised for consular service. Your application is denied. Your status is “unlawful presence” immediately after the denial. But given that it’s a Friday and Covid-19 shutdown I will need to wait for some more day s for the response . But my spouse to be on safer side applied another H4 in Oct 2019 … Records show that I-129 was approved on May 1, 2020. Hi Anil, My situation looks complicated,please take a look and advice. February 23, 2019, 10:05am #1. H1B extension approved without I94 and H4 denied. As part of job switch my new employer applied for H1 transfer and also H4 extension . Consular Officer: why are u converting from H1 to H4. H4 to H1B cap exempt You had an approved and stamped H1-B visa from outside USA which was never utilized. Check with them and if they had sent everything correctly, you can challenge the USCIS decision. If your i94 has expired and extension is denied, you should leave the US within 10-15 days. You have requested for ‘extension of status’ and not ‘change of status’. But my wife I-539 was in pending state for almost 5 months H1B Visa. I don’t see any other date related to start date other than above …. USCIS can’t guess the dates. The I-539N you submitted did not include any initial evidences in compliance with the regulation. 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. On Dec 12th my case status was changed to Approved, after 4 days we received I797B instead of I797A. As a result, you Form I-539N is denied. It looks like attorney may have missed some critical document. New H1-B & H4 application submitted,After RFE's ,H1-B approved with consular processing. Can you tell me which section I need to look at for the start date ? Your H1B visa does not expire when your H4 visa is approved. HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now . 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. Recently I have applied h1 extension and got the future visa valid start date. Cambodia Inter Tour & Travel Co., Ltd. Part 2 , 3-b section : new status and effective date of change , is left empty. In June 2004 I changed my company and H1 for that company was pending. Problem: H1B Extension is approved but H4 Visa Denied. 9.Attorney suggested not to leave country as we filed AOS that will freeze my ULP. I/we request that my/our current or requested status be extended until : BTW promiseking. Do you know the H4 extension start date requested while your applied H4 transfer? There may be more to it which you have not shared. You can stay in US because extension is for future time period and your current H1B approval is still valid. Because you are now an H1B, your application to extend H4 may not be approved.
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