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H4 Dropbox stamping after having a H1B denial.

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  • H4 Dropbox stamping after having a H1B denial.

    Hello,

    I m currently in H4 valid till April 2017. I had applied for H1B in Cap(lottery selected) but it got denied last week. My spouse has H1B extended till 2019. I haven't extended my H4 as the H1 was pending. Now,

    Can I travel to India and get my H4 stamped based on my spouse extended H1B using Dropbox? Or should I go to consulate?

    In the dropbox criteria, it is mentioned that "have no refusals for a visa in any class after my most recent visa issuance". Is my H1B Cap COS is a visa denial?

    Your kind suggestions will be appreciated and will help me to plan.

    Thanks in advance.

  • #2
    Originally posted by bas85 View Post
    Hello,

    I m currently in H4 valid till April 2017. I had applied for H1B in Cap(lottery selected) but it got denied last week. My spouse has H1B extended till 2019. I haven't extended my H4 as the H1 was pending. Now,

    Can I travel to India and get my H4 stamped based on my spouse extended H1B using Dropbox? Or should I go to consulate?

    In the dropbox criteria, it is mentioned that "have no refusals for a visa in any class after my most recent visa issuance". Is my H1B Cap COS is a visa denial?

    Your kind suggestions will be appreciated and will help me to plan.

    Thanks in advance.
    Yes you can travel and use the dropbox. As for need to go to the consulate, if the officer feels a need to call for an interview they would, otherwise most of the times dependents eligible for dropbox get the visa without needing to go for an interview.

    H1 CAP COS refusal is not considered a visa refusal. So the answer would be NO.

    This is my opinion not legal advice.

    Comment


    • #3
      Standalone H4 application with H4 EAD extension

      Thank you Raghvi for your suggestion. It clarifies my doubt.

      I have couple more question related to the topic,

      If my spouse file I539 immediately here itself with Extension of Status, (as everyone is talking about a risk of travel at this current situation)

      1. I believe that, I 'll be able to continue my stay until a decision comes; even if my I94 get expire in April 2017. Is that correct?
      2. Let's say, worst case, if it denied, how much time I 'll get to go out of the country?
      3. Also, what is the average time taken for a standalone H4 extension (I539) in the current scenario? Any idea?
      4. If we file H4 extension and H4 EAD extension concurrently, is it giving any time advantage (as EAD is said to be responded within 90 days by USCIS)?

      Your kind suggestions regarding this will be appreciated.
      Thank you,

      Comment


      • #4
        Originally posted by bas85 View Post
        Thank you Raghvi for your suggestion. It clarifies my doubt.

        I have couple more question related to the topic,

        If my spouse file I539 immediately here itself with Extension of Status, (as everyone is talking about a risk of travel at this current situation)

        1. I believe that, I 'll be able to continue my stay until a decision comes; even if my I94 get expire in April 2017. Is that correct?
        2. Let's say, worst case, if it denied, how much time I 'll get to go out of the country?
        3. Also, what is the average time taken for a standalone H4 extension (I539) in the current scenario? Any idea?
        4. If we file H4 extension and H4 EAD extension concurrently, is it giving any time advantage (as EAD is said to be responded within 90 days by USCIS)?

        Your kind suggestions regarding this will be appreciated.
        Thank you,
        1. Yes.
        2. You should plan to leave immediately a week to 10 days delay is generally acceptable.
        3. IT can take 2-6 Months.
        4. No advantage of concurrently filing H4 extension and H4 EAD. But as per latest changes she can continue to work with expired EAD as long as extension is applied prior to expiry.

        This is my opinion not legal advice.

        Comment


        • #5
          H4 EAD Automatic Extension - Possible? (c)(26)

          Originally posted by raghvi View Post
          4. No advantage of concurrently filing H4 extension and H4 EAD. But as per latest changes she can continue to work with expired EAD as long as extension is applied prior to expiry.

          This is my opinion not legal advice.
          Thanks, Raghvi for your suggestions.
          Regarding the 4the point, my EAD is based on my spouse I-140. ie category (C)(26). I doubt this automatic extension rule is not applicable for this category. (Well, I m not sure, but I didnt find this in the website.) Am i mistaken?

          Thank you.

          Comment


          • #6
            Originally posted by bas85 View Post
            Thanks, Raghvi for your suggestions.
            Regarding the 4the point, my EAD is based on my spouse I-140. ie category (C)(26). I doubt this automatic extension rule is not applicable for this category. (Well, I m not sure, but I didnt find this in the website.) Am i mistaken?

            Thank you.
            https://www.uscis.gov/news/news-rele...-visa-programs


            "Automatically extend the employment authorization and validity of Employment Authorization Documents (EADs or Form I-766s) for certain individuals who apply on time to renew their EADs.


            Please do not construe this as legal advice. When in doubt ask an attorney.

            Comment


            • #7
              Originally posted by raghvi View Post
              https://www.uscis.gov/news/news-rele...-visa-programs


              "Automatically extend the employment authorization and validity of Employment Authorization Documents (EADs or Form I-766s) for certain individuals who apply on time to renew their EADs.


              Please do not construe this as legal advice. When in doubt ask an attorney.
              Thank you Raghvi,

              I ll check that, and once the information is available, i ll post it here.

              Comment


              • #8
                Automatic H4 EAD renewal. - Not applicable for H4 EADs

                Originally posted by bas85 View Post
                Thank you Raghvi,

                I ll check that, and once the information is available, i ll post it here.
                This is what my attorney said regarding the Automatic EAD renewal.

                "Unfortunately, those new rules about EAD extensions don’t apply for H-4 spousal EADs"

                So H4 EAD automatic renewal cannot happen.
                Last edited by bas85; 02-22-2017, 08:56 AM. Reason: More useful links added.

                Comment


                • #9
                  H1B application while standalone H4 and H4 EAD extension is pending.

                  Hello,

                  I have an update on the scenario.

                  Now, the standalone H4 and H4 EAD extension is filed last week. It is pending now and the attorney is telling that it can take 2-4 months for approval.

                  Since my previous H1B got denied, my current employer is ready to file a new H1B in CAP for the year 2018 (which the lottery will happen in Apr 2017).

                  Now my confusion is, what will happen to my H4 extension. Let's say, if the H4 extension decision is coming in the month of April/May 2017, and my new H1B is going to be selected in lottery and pending for decesion,
                  will I have an I94 in the extended H4?

                  If anyone has information regarding this, please let me know.

                  Thanks a lot.

                  Comment

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