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Hi,
I have applied for H1B to H4 COS in March 2018 after I quit my job in March and my husband’s H1B was valid until Dec 2018. The application was pending with USCIS and we haven’t heard any decision until Nov. My husband’s employer applied for H1B extension in September and along with that also applied my H4. This application got approved and I have H4 approved from Dec 2018. The earlier H4 application(requesting H4 status from Mar-Dec 2018) was still pending at that moment.
I travelled to India in Nov 2018 and later received a letter from USCIS stating the H4 application is denied as the applicant is physically not present in US. It also stated below
“An alien who accrues more than 180 days of unlawful presence in the United States and then departs is inadmissible to the United States for a period of either 3 or 10 years ”.
I’m going for Visa interview this month with the latest approved H4 and my husband's H1B approval notice(approved from Dec 2018-Dec 2021).
Kindly let me know if I would be considered as out of status or unlawful presence from Mar-Nov 2018, will there be any issues when I go for visa interview?
I have applied for H1B to H4 COS in March 2018 after I quit my job in March and my husband’s H1B was valid until Dec 2018. The application was pending with USCIS and we haven’t heard any decision until Nov. My husband’s employer applied for H1B extension in September and along with that also applied my H4. This application got approved and I have H4 approved from Dec 2018. The earlier H4 application(requesting H4 status from Mar-Dec 2018) was still pending at that moment.
I travelled to India in Nov 2018 and later received a letter from USCIS stating the H4 application is denied as the applicant is physically not present in US. It also stated below
“An alien who accrues more than 180 days of unlawful presence in the United States and then departs is inadmissible to the United States for a period of either 3 or 10 years ”.
I’m going for Visa interview this month with the latest approved H4 and my husband's H1B approval notice(approved from Dec 2018-Dec 2021).
Kindly let me know if I would be considered as out of status or unlawful presence from Mar-Nov 2018, will there be any issues when I go for visa interview?
