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H4 Denied..becuase H1 transfer was withdrawn

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  • H4 Denied..becuase H1 transfer was withdrawn

    Hi,

    Please help. I have a situation like... I was planning to switch the jobs on H1, and my new employer filed a H1 petetion for me. But then I changed my mind and decided not to join the new employer. So the new employer withdrew my H1 transfer application. Everything was fine till now. Today I received a letter from USCIS that my Wife and Son's H4 I539 application (Basically H4 Extension filed by the new employer) has been denied because the original petetion was withdrawn. Letter also states that my wife and son 'may be' without a immigration status. If they are staying illegally then they should leave the country immediately. My question is - Is the old H4 and I94 (from my current employer) still valid in this case? And can they continue to stay in the US?

    PLease help urgently...

    Thanks

  • #2
    Originally posted by gjosh View Post
    Hi,

    Please help. I have a situation like... I was planning to switch the jobs on H1, and my new employer filed a H1 petetion for me. But then I changed my mind and decided not to join the new employer. So the new employer withdrew my H1 transfer application. Everything was fine till now. Today I received a letter from USCIS that my Wife and Son's H4 I539 application (Basically H4 Extension filed by the new employer) has been denied because the original petetion was withdrawn. Letter also states that my wife and son 'may be' without a immigration status. If they are staying illegally then they should leave the country immediately. My question is - Is the old H4 and I94 (from my current employer) still valid in this case? And can they continue to stay in the US?

    PLease help urgently...

    Thanks
    Weren't their H4 I539 also withdrawn? I think they would still be fine, check with an attorney.

    This is my opinion not legal advice.

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