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H1 approved and H4 denied

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  • H1 approved and H4 denied

    I have my H1 approved till end of next year, while my son and spouse's H4 extension is denied. I am still awaiting denial notice, hence not sure about the reason. We have our I-485 filed and awaiting tthe decision. In current situation, can they continue to stay in US while green card decision is pending.

  • #2
    What was the reason of denial?

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    • #3
      Hi,
      Have you even filed EAD and AP? Please let us know. Based on that, we will share our thought.
      Thanks

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      • #4
        It is USCIS administrative error, they have considered wrong DOB. I have filed EAD and AP. I have opened service request with them. Pls advise, if anyone has handled USCIS administrative error in past.

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        • #5
          USCIS mentioned that at the time of filing H4 your son was eligible for requested benefit, he was not eligible for requested benefit at the the time of adjudication. Refence: Title 8, CFR section 103.2(b) (1).

          Note that USCIS took 18 months to adjudicate this decision. Has anyone come across similar situation, is there any option to handle such situation?

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