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H-1B denied, last approved H-4 still valid?

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  • H-1B denied, last approved H-4 still valid?

    Hello,

    My wife had an approved H-4 status when she found a job and her employer filed H-1B for her. We just got to know that we have received a RFE on the H-1B petition. I just wanted to know about the worst case scenario here:

    1. In case my wife's H-1B gets denied, will her last approved H-4 still be valid?
    2. In case her H-1B gets denied, will remaining years on H-1B still be there or she will have to go through the H-1B visa cap again?

    Thanks in advance!

  • #2
    Originally posted by Devesh Sharma View Post
    Hello,

    My wife had an approved H-4 status when she found a job and her employer filed H-1B for her. We just got to know that we have received a RFE on the H-1B petition. I just wanted to know about the worst case scenario here:

    1. In case my wife's H-1B gets denied, will her last approved H-4 still be valid?
    2. In case her H-1B gets denied, will remaining years on H-1B still be there or she will have to go through the H-1B visa cap again?

    Thanks in advance!
    1. Yes.
    2. It depends if USCIS revokes the petition or not. You need to provide dates as to when the H1 was applied.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. Yes.
      2. It depends if USCIS revokes the petition or not. You need to provide dates as to when the H1 was applied.

      This is my opinion not legal advice.
      Thank you so much for taking time to answer my question! Your reply Yes for #1 is a big relief. I am not too concerned about #2 at this point.

      Thanks again!

      Comment

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