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H4 to H1B Denied.. What are the options

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  • H4 to H1B Denied.. What are the options

    Currently I am in US on H4. I applied for the new H4 to H1B through a consultancy on April,2015. It got selected in the lottery. I did a premium processing on December 8th, 2015. Now I got a mail from USCIS that the H1B got denied. My current H4 is expired on October 10, 2015.Can I apply for the H4 extension from US or I need to go back to the home country since I am out of status.
    Please suggest the available options

  • #2
    Originally posted by mrt3019 View Post
    Currently I am in US on H4. I applied for the new H4 to H1B through a consultancy on April,2015. It got selected in the lottery. I did a premium processing on December 8th, 2015. Now I got a mail from USCIS that the H1B got denied. My current H4 is expired on October 10, 2015.Can I apply for the H4 extension from US or I need to go back to the home country since I am out of status.
    Please suggest the available options
    If your H4 relate I-94 was also till Oct 10, 2015, then you are already out of status and illegal. Advisable to leave US, get fresh H4 stamped and return on H4 visa.

    This is my opinion not legal advice.

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    • #3
      my Employer said that he is going to file an MTR. If that is the case, I read so many blogs that MTR wont be valid if I leave US.
      My spouse employer is ready to file an extension.

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      • #4
        Originally posted by mrt3019 View Post
        my Employer said that he is going to file an MTR. If that is the case, I read so many blogs that MTR wont be valid if I leave US.
        My spouse employer is ready to file an extension.
        What was the reason for denial? MTR can take Months to get resolved so if the attorney really sees some merits in it go for it I would suggest you take a second opinion. As for H4 extension, as its being filed after I-94 expiry, it may not be approved.

        This is my opinion not legal advice.

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        • #5
          Thank you for your suggestion. My Wife went to India and got H4 visa stamped successfully.

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