H4 to H1 status change Denial

[sam29]

Hi,

I have applied H1B in 2008 when I was on H4 and in USA and I haven't left to India in any period, I got the approval and I797 Notice also in July 2008. But, last week I got Application to extend/change Non immigrant status (Form I-539) denial notice. The strange thing here is, receipt no' s for these two Notices (I797 approval and I-539 denial) are different and they both came on same beneficiary and company Name. If anybody has faced such problem please give your advise/suggestion

My husbands company hasn't applied for my H4 extension as my H1 is approved

I am completely in strange situation Your help is highly appreciated

Thanks,
Sam29

[orion]

Uncle Sam's visa got denied!!!??? Now thats strange... lol

Anyway, jokes apart, your post does not give enough information for an advice. Please elaborate when did you apply for H1, when was that approved, did youy apply for a COS or this is the first time you are hearing from uscis after H1 application??

[sam29]

Hi Orion,

Thanks for ur reply,
I applied H1 in april 2008 n got approval notice on july17 2008 and it has the New I-94 date (valid till oct 2011), I am in US since may 2007 on H4 and didnt leave to any country, this is the first notice I received from USCIS. I asume as i got my new I-94 ,my COS is been approved.what wud happened if my employer have applied for I- 539 separetly n got denied.

[txh1b]

If your H1 was approved as a COS, you are NOT on H4. You need to be working and getting paid to be in status. If not, you are out of status.

[sam29]

Thank you txh1b,

I am working and getting paid, but not able to understand why I got I-539 denial with different reciept no. I checked with my employer if they have applied I-539 separatly for COS, and they are saying that they havent applied separately. They filed I-129 and I-539 together in one application then only I got the valid I-94 in I-797 Notice .
Is it possible that USCIS assigns different reciept nos for each form in same application

Thanks for your help

sam29