H4 denied

[testforme]

I changed my status from L1 to H1B successfully inside the U.S.
My H1B is approved in July and at the same time my husband's H4 is denied....

here is the msg from USCIS:

the reason is :
As a dependent, the applicant's classification is subject to the principal alien's status. The nonimmigrant visa petition filed on behalf of the principal alien, seeking a concurrent change of status to a specialty occupation worker classification under section 101(a)(15)(H)(i)(b) of the Act, has been processed as a consulate notification because the principal alien was not maintaining his/her nonimmigrant status.

Since the principal will not be classified as a temporary nonimmigrant worker until he /she obtains the H-1B visa abroad at a united states embassy or Consulate, and has been lawfully admitted into the United States in that nonimmigrant status, the applicant does not qualify for the requested change of status.


Does it mean he must wait until my H1B get activated on OCT.1st, then he can apply?
if he can apply again, can he apply inside the U.S. instead of going back?

[raghvi]

I changed my status from L1 to H1B successfully inside the U.S.
My H1B is approved in July and at the same time my husband's H4 is denied....

here is the msg from USCIS:

the reason is :
As a dependent, the applicant's classification is subject to the principal alien's status. The nonimmigrant visa petition filed on behalf of the principal alien, seeking a concurrent change of status to a specialty occupation worker classification under section 101(a)(15)(H)(i)(b) of the Act, has been processed as a consulate notification because the principal alien was not maintaining his/her nonimmigrant status.

Since the principal will not be classified as a temporary nonimmigrant worker until he /she obtains the H-1B visa abroad at a united states embassy or Consulate, and has been lawfully admitted into the United States in that nonimmigrant status, the applicant does not qualify for the requested change of status.


Does it mean he must wait until my H1B get activated on OCT.1st, then he can apply?
if he can apply again, can he apply inside the U.S. instead of going back?

When is your L1 visa and I-94 expiring? When is L2 visa and I-94 expiring for your spouse?

It seems your L1 to H1 was not approved as a COS but as consular processing. Which will require you to go for H1 stamping in order to get H1 activated.

As you would not move to H1 automatically from 01-Oct-2013 neither can your spouse move on from L2 to H4 automatically hence the reason for rejection. From this it sounds like you also would have to go out of US to get a H1 stamping done in order to move to H1.

This is my opinin not legal advice.