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H4 Visa Problem

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  • H4 Visa Problem

    My wife's H4 was rejected by USCIS stating that they could not locate the previous I539 notice of approval. I have the original document (I539- approval notice). Since THEY could not locate the document, they rejected the H4 application saying she was out of status. Now, they sent me Form I-290B - application to reopen or a motion to reconsider. I have the following questions -

    1. I can file I-290B with the supporting documentation, but shoudl i file the filing fees which is $630. My question is without any fault of ours, should we still pay the filing fee ? or can we request waiver?

    2. Should i also send the principal's(which is me) approved H1B. This was approved because of my approved I-140. Will it hurt to send my H1B approval and my I-140 approval as well ? because she will be granted H4 based on my H1 approval, correct?

    3. The filing fee is what is bothering me most. Seems unjust that without a fault of mine, we must pay the filing fee which is not a small amount, as well. Can i use I-912 and request a waiver ? If so, what should i state -because the conditions listed on the form for waiver are items such as financial hardship, unemployment etc, which don't apply to my wife's case.

    4.Not sure how long this will take. My wife cannot drive because she her Driver's license can't be renewed until H4 visa is issued. Any previous experiences, or someone in a similiar situation ?

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