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";s:4:"text";s:13235:"Extension denial does not invalidate your current H1B. Page 2 part 3 Q1 Question : Need quick help. Check with them and if they had sent everything correctly, you can challenge the USCIS decision. So the timely filed H4 got denied in Jan 2020 saying primary applicant withdrawn so we were in assumption(such a blunder) another application will get approved and didn’t take any sort of action.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 will check with the lawyers what all info they submitted. If your i94 has expired and extension is denied, you should leave the US within 10-15 days. Iam not sure what are my options now. I still suggest to talk to your attorney and then decide the next step. This decision may not be appealed. USA. sure … thanks … But my spouse to be on safer side applied another H4 in Oct 2019 … USCIS can’t guess the dates. Records show that I-129 was approved on May 1, 2020. With Visa stamp of H4 in passport, you can enter US and do not need the H4 approval notice from USCIS. In June 2004 I changed my company and H1 for that company was pending. Sure. 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 … I remember submitting previous I-94, H4 visa , marriage ceritificate … They gave 33 days to apply for motion to revoke. We are in a similar situation where the H4 got denied and EAD application along with H4 was given RFE. Raised MTR for both the cases(though initial denial crossed 33 days) and couldn’t able to travel due to pandemic and pregnancy. Powered by Discourse, best viewed with JavaScript enabled, H4 NPT denied and overstayed more than a year now. actually beneficiary was here in US at time of application till date. The I-539N you submitted did not include any initial evidences or supporting documentation. H4 i94, marriage certificate and passport are some of the initial set of documents you need to send. Feb 2021 H4 NPT denied, don’t know reason yet. THE NUMBER 1 CHOICE FOR THAI RETIREMENT VISAS HERE IN PATTAYA It's USCIS mistake. This means that you did not submit any documents to prove you are dependent of H1B visa holder. H1 got RFE instead of responding RFE current employer withdrawn only H1 application and applied new H1 and it got approved leaving H4 as-is expecting RFE so that we can respond. I can only see end date requested Beneficiary must be physically present. Box filled with 1 . And in addition have Q 5b. We never had a intension of staying out of status but all happened in sequence of events. New H1-B & H4 application submitted,After RFE's ,H1-B approved with consular processing. Your status is “unlawful presence” immediately after the denial. 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)? Your application is denied. H4 to H1B Visa: How to Apply for a Change of Status Posted by Frank Gogol. Reason stated is 8CFR part 214.2(h)(15). Mean while I wanted to know what could be the reason(s) for denial and what would be next steps? @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. part 2 Usually, USCIS may not allow if they have already denied. 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, …. 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. I cannot really guess the reason of H4 denial with limited information you have. Call the USCIS help line. I don’t see any other date related to start date other than above …. February 23, 2019, 10:05am #1. Powered by Discourse, best viewed with JavaScript enabled, I-539 H4 Denied when filed with H1B transfer. Good that you have not started to work as you are still on H4 status. Same is the case with L2. Copy of your marriage certificate – Evidence proving a bona fide marriage. But my wife I-539 was in pending state for almost 5 months Objective: Convert to H4 after H1B extension denial. I have my I-140 approved in 2012. thanks for letting me know what exactly initial documents are …. A spouse’s time in H4 status does not count as H1B time. H4 to H1B cap exempt You had an approved and stamped H1-B visa from outside USA which was never utilized. 2. 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. As such you have not demonstrated eligibility for the benefit sought. 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). Some have waited for 10+ months to get it approved. And today website shows it was denied ( yet to receive reason), I am yet to get response from my lawyers …. 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. As per Attorney suggestion filed AOS (though Iam out of status)in eb2 to eb3 downgrade mode PD is Dec 2014. On March 2020 lately filed H4 also denied for late filing, but by this time Iam almost 20 week pregnant. 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. 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. Yes, if your H4 EAD expedite request is approved, you will get H4 processed faster. We are yet to receive the notices. My situation looks complicated,please take a look and advice. Kindly advise. Do you know the H4 extension start date requested while your applied H4 transfer? You have requested for ‘extension of status’ and not ‘change of status’. Consular Officer: why are u converting from H1 to H4. Cambodia Inter Tour & Travel Co., Ltd. Last year in September 2019 I decided to switch my job, 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). 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. 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 … Please note that … Have checked 4 ( I am the only applicant ) 2 sections were states:: 8 CFR, section 103.2(b)(8)(ii). H4 visa status allows the immediate family members of H1B visa holders legal residence in the United States. H1B transfer is not directly related to H4. What if they date was not mentioned ? Problem: H1B Extension is approved but H4 Visa Denied. 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. promiseking. Did you submit existing H4 visa or H4 i797? COS petition approval takes a minimum of 3 months for approval by regular processing or 15 calendar days by premium processing. You can stay in US because extension is for future time period and your current H1B approval is still valid. 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 You have to follow the instructions on the letter. Recently I have applied h1 extension and got the future visa valid start date. 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 … 8 CFR, section 103.2(a)(1) Now, H4 approval is tied to H1B approval. H1 visa approval notice – The copy confirming your spouse’s H1 visa. Question from a reader about Approved, I-140, H1B Visa, H1B Extension, EAD for H4 and change of employer. My H1 got approved in September 2019 itself 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 . This leaves many H4 visa holders uncertain … However, the work authorization status of H4 visa holders is very much up in the air with the immigration policies of the Trump administration.. Reply 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 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. There may be more to it which you have not shared. Spent already 180+ days and raised H4 NPT in Sep 2020. 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 . In July 2019 H1,H4 extension was timely filed in PP. Can you tell me which section I need to look at for the start date ? I am on H1B. The spouse that initially had the H1B can also apply for H4 status. As part of job switch my new employer applied for H1 transfer and also H4 extension . Accordingly your status was changed to H1B. on Nov 28, we submitted the response to USCIS query. As part of job switch my new employer applied for H1 transfer and also H4 extension . 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. I/we request that my/our current or requested status be extended until : BTW With H4 visa stamping, you take out the long processing times dependency with USCIS and get visa stamp in passport. On Dec 12th my case status was changed to Approved, after 4 days we received I797B instead of I797A. Now, a consulting company here in US filed a cap exempt H1-B transfer I-129 through Premium processing. 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. Hi Anil, My situation looks complicated,please take a look and advice. I have some clarifications when applying H4-extn for my dependents (India) to get h4-stamping in India. In July 2019 H1,H4 extension was timely filed in PP. The reason is that, the processing of H4 EAD dependes on H4 approval, so they process H4 faster. But you must stop working once your H4 visa is approved. As a result, you Form I-539N is denied. So, it can take time. Your H1B visa does not expire when your H4 visa is approved. 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. In Nov 2004 INS approved my H1 but they changed the H4 in normal processing. Part 2 , 3-b section : new status and effective date of change , is left empty. If your H1B is approved in transfer, you are fine. Your employer can file a COS and pay all H1B fees again or you can leave and enter US with a H1B visa. The priority date is July 2012. I just have 1 H4 application , but I see my lawyer in Also , It looks like attorney may have missed some critical document. Hi All, My employer applied a H1B extension on 01-OCT-2014 while my visa&i-94 expired on 01-Dec-2014. 1. Hi You request start and end date of your extension on form i539. INS has denied the H4 in Sep 2004. H1B extension approved without I94 and H4 denied. How long can legally stay in US before going out of country? Copy H1 visa – Your spouse’s employment-related visa. 9.Attorney suggested not to leave country as we filed AOS that will freeze my ULP. I and my wife have valid visas H1 n H4 respectively valid till feb 2021 . 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. But given that it’s a Friday and Covid-19 shutdown I will need to wait for some more day s for the response . Because you are now an H1B, your application to extend H4 may not be approved. I can only guide based on what limited information you are sharing here. H1B Visa. 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 ? The I-539N you submitted did not include any initial evidences in compliance with the regulation. So, the processing times are long as it requires biometrics. Does it has any significance? 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