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Reg H4 Application after previous H1B Transfer denial

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  • Reg H4 Application after previous H1B Transfer denial

    Hi
    I will be applying for my H4 Visa in December 2013 after my court marriage.
    I have been to United states before on F1 and H1B Status,
    F1 Status 2006 -2007 and H1B status till February 2009.
    I lost my job in Feb 2009 and I had applied for a H1B Transfer (Premium Processing) Shortly afterwards , the petition got denied in April 2009 after a query, me and my employer decided to appeal,
    The decision was announced as denied in Aug 2009, after which I came back to India in September 2009. Have I overstayed in the US?
    Will this stay from Feb 2009 to Sep 2009 ( when I was trying to get a H1B transfer approval) affect the H-4 decision at the consulate.

    What proofs do I have to provide in case the consulate asks questions regarding the denial...

    Also I am planning for a change of status to F1 shortly after I go to US, will i have any issues then?

    Thanks in advance

    Best Regards
    RMG

  • #2
    Originally posted by rmg2013 View Post
    Hi
    I will be applying for my H4 Visa in December 2013 after my court marriage.
    I have been to United states before on F1 and H1B Status,
    F1 Status 2006 -2007 and H1B status till February 2009.
    I lost my job in Feb 2009 and I had applied for a H1B Transfer (Premium Processing) Shortly afterwards , the petition got denied in April 2009 after a query, me and my employer decided to appeal,
    The decision was announced as denied in Aug 2009, after which I came back to India in September 2009. Have I overstayed in the US?

    -- That depends on your I-94 expiry date. You were out of status after the petition denial (April 2009) until you left the US.

    Will this stay from Feb 2009 to Sep 2009 ( when I was trying to get a H1B transfer approval) affect the H-4 decision at the consulate. -- It will not affect.

    What proofs do I have to provide in case the consulate asks questions regarding the denial... -- Denial notices, departure dates etc.

    Also I am planning for a change of status to F1 shortly after I go to US, will i have any issues then? -- Should not be a problem.

    Thanks in advance

    Best Regards
    RMG
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      See above.
      Thank you very much for your immediate response, will keep a record of the denial notices and departure dates!

      Comment

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