H1b: H1b transfer ->deniel

[shree99]

Hi,

I got my H1b Approval in Oct 2009 from US and I got H1b stamping from India also till Sep 2012.

After coming from India my company revoked my H1b on 18th March 2010 and I don't know that so transfer my H1b on 25th Mrach 2010. I got RFE and Deniel in Oct 2010.

I filed appeal and it is still pending.

My husband has approved H1b so can I apply for H4?

[shervin143]

After coming from India
>>> What exactly you mean by "coming from India"? Are you currently in U.S? If yes, what is your immigration status?

my company revoked my H1b on 18th March 2010 and I don't know that so transfer my H1b on 25th Mrach 2010. I got RFE and Deniel in Oct 2010.
>>> Did you enter U.S in H1B status? Are you currently working for the employer who filed your H1B petition?

I filed appeal and it is still pending.

My husband has approved H1b so can I apply for H4?
>>> It depends on your answers to the above questions. If you are out of status, then a COS to H4 is not possible.

[shree99]

>>> What exactly you mean by "coming from India"? Are you currently in U.S? If yes, what is your immigration status?

Ans: Currently, I am in US and right now my H1b appea; is pending.

Did you enter U.S in H1B status? Are you currently working for the employer who filed your H1B petition?

Ans: I came in US on F1 visa then I applied for H1b and I went to India and I got H1b stamping from Mumbai Embassy. and On my passport my H1b will be expire on September 2012

[shervin143]

H4 or a COS to any other status is not an option as your I-94 expired a long time ago. If the appeal gets denied, then all the time spend in U.S after the I-94 expiry date will be treated as illegal stay. Staying in U.S for over 1.5 years based on a pending appeal is very risky. If the appeal is denied and if you have accumulated illegal stay for more than 365 days, then they can ban you for 10 years from entering U.S. It is advisable you consult a good immigration attorney.

>>> What exactly you mean by "coming from India"? Are you currently in U.S? If yes, what is your immigration status?

Ans: Currently, I am in US and right now my H1b appea; is pending.

Did you enter U.S in H1B status? Are you currently working for the employer who filed your H1B petition?

Ans: I came in US on F1 visa then I applied for H1b and I went to India and I got H1b stamping from Mumbai Embassy. and On my passport my H1b will be expire on September 2012