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Results 1 to 6 of 6
  1. #1

    Default H1B to H4 denial without RFE

    Hi
    I applied for my H1B to H4 COS in Dec 2010. My wife has a valid H1B till 2012. However, my COS was denied without any RFE. I got a letter from USCIS that they asked for an RFE which was supposed to be replied back by Feb 2011. Since I have not responded back, they are abandoning my case and denied my COS.However, I never got any correspondence from USCIS regarding RFE. I was regularly tracking USCIS website for my case update and even there was no mention of any RFE.
    I have few questions regarding my case and would really appreciate any help.

    1. Should I file for Motion to reopen and then go back to my home country to get stamped or I can just go back, get it stamped without filing Motion to reopen.
    2. Can I call USCIS and ask for their reason for denial.
    3. What are the options left for me now?

    Thanks
    Abhijit

  2. #2
    Join Date
    May 2009
    Posts
    10,053

    Default

    Leave the country immediately and return back in H4 visa.
    Not a legal advice. Use of this information is strictly at your own risk.

  3. #3

    Default

    Thanks Shervin,

    How can I know the reason for my denial?

  4. #4
    Join Date
    May 2009
    Posts
    10,053

    Default

    Unfortunately the reaosn for your denial was because you did not submit the documents requested in the RFE (which you said that you did not receive).

    Did you file the COS from H1B to H4 yourself or through a lawyer? If it was through a lawyer, probably they might have received the RFE. If you filed it on your own, then check the form I-539 once again to see if your gavethem the correct mailing address. Probably you might have missed some documents.


    Quote Originally Posted by ashukla79 View Post
    Thanks Shervin,

    How can I know the reason for my denial?
    Not a legal advice. Use of this information is strictly at your own risk.

  5. #5

    Default

    Dear Shervin,
    Thanks for the reply. I filed it through my lawyer and even he has not recieved any RFE. I just wanted to countercheck, whether this is possible. Will this pose any kind of problem in my H4 stamping?

  6. #6
    Join Date
    Oct 2008
    Posts
    6,686

    Default

    Did you change address after filing? There may be other alternatives like ombundsman available to your lawyer. But in any case you need to leave and return with H4 Visa.

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