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Previous H4 & H4-EAD denied after H1B transfer

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  • Previous H4 & H4-EAD denied after H1B transfer

    Hello Sir/Ma’am,

    I am on H1B visa and I recently changed employer here. With my previous employer the H1B extension was in progress and in the meantime a transfer was initiated. Both the H1B (extension and new employer transfer) were approved but the H1B extension with previous employer was revoked some time later causing denial to my wife’s H4 & H4-EAD denial.
    We have received the letter from USCIS today stating that the H1B application was revoked hence the H4 & H4 EAD got revoked. Both letter states the decision cannot be appealed but can file for Form I-290B Notice of Appeal or motion within 33 days of the denial notice.

    I do not have the approved petition copy for my previous employer but do a screenshot of USCIS website for the case status approved. Also I have the latest H1B transfer approval petition with me.

    Also, the current H4 extension filed during H1B transfer to new employer is in progress and awaiting to get bio-metrics appointment.

    Below is the detailed timeline.

    Nov 27, 2019 - H1B, H4 & H4-EAD extension filed
    Apr 28, 2020 - H1B transfer initiated along with H4 extension with the different employer
    June 8, 2020 - Joined the new company
    Jun 24, 2020 - H1B extension approved for previous company
    Jun 26, 2020 - First SR raised with USCIS for H4 and H4-EAD to be processed since the H1B extension was approved.
    July 30, 2020 - Second SR raised with USCIS for H4 and H4-EAD for processing.
    Aug 14, 2020 - Approved H1B of previous company got revoked.
    Aug 17, 2020 - Called USCIS but since the decision was pending on the previous SR no new SR was created.
    Sep 21, 2020 - H4 and H4-EAD denied since the H1B from old company was in revoked status.



    Please help me to know on the next steps here and path forward. Thanks a lot in advance!

  • #2
    Hi Member,

    Since you have filed another H4 and H4 EAD petition, I hope you can depend that petition for status maintenance.. By the way, at this moment, you would have received update on second H4 and H4 EAD petition.
    Please let me know, what is the decision on those petitions.
    Thanks

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