Urgent help needed - H4 Status after H1b Denial

[Madhavi520]

Hi,

I am on H4 currently which is valid till Jan 31st 2015 and applied H1b & COS in Apr-2014.

Attorney told me that my H1b is denied after RFE review. This was communicated to me in October, 2014.

1. If my h1b is denied, is there any COS that i need to apply to move back to H4. or nothing to do as i am on H4 already.

2. As per USCIS site, my H1b status is still RFE review and my employer did not receive any denial notice yet (its almost a month that attorney told h1b denied). i am applying h4 extension now.
a, If H4 extension is approved before i get denial notice on h1b, can i stay in US on approved H4 extension?
b, If i get h1b denial notice first and then h4 extension approval, i assume that i can continue to stay in US as my h4 extension is in process. Correct me if i am wrong?

[Nattybone]

Hello, Madhavi.

Two things here: i) Wait for your denial notice to reach you and read what it says (You could have enrolled for email status update with USCIS, that way whenever any progress is made on your case, the status is emailed to you).

ii) Denial of COS does not necessarily mean your existing stay is invalid. It simply means that your petition to switch is denied unless the denial notice explicitly mentions that your existing stay is out of status or invalid (which seems unlikely in your case - H4).

You might want to take another attorney's opinion. I personally feel, as you are reaching January, you should file for H4 extension. But, take another attorney's opinion.

Personal opinion.

Hope this helps.

Wishing you luck.

Cheers,

Hi,

I am on H4 currently which is valid till Jan 31st 2015 and applied H1b & COS in Apr-2014.

Attorney told me that my H1b is denied after RFE review. This was communicated to me in October, 2014.

1. If my h1b is denied, is there any COS that i need to apply to move back to H4. or nothing to do as i am on H4 already.

2. As per USCIS site, my H1b status is still RFE review and my employer did not receive any denial notice yet (its almost a month that attorney told h1b denied). i am applying h4 extension now.
a, If H4 extension is approved before i get denial notice on h1b, can i stay in US on approved H4 extension?
b, If i get h1b denial notice first and then h4 extension approval, i assume that i can continue to stay in US as my h4 extension is in process. Correct me if i am wrong?