torontorogers Posted May 20, 2017 Report Share Posted May 20, 2017 My wife travelled to India before her H-4 was submitted. We are here on a TN-1/TD visa respectively.I am a Canadian and my wife is an Indian citizen. We learnt later that we got selected in the lottery. We are being told that my wife's H-4 will surely get denied. To recover from this situation, we are getting diverse opinions. One opinion is that H-4 could get approved. Another opinion is that we should re-file H-4 change of status again with H-1B receipt because USCIS could rescind the approval if they realize their erroneous approval. If we don't hear anything by October, my wife will have to travel to India before October to get H-4. I have found USCIS draft memo that indicates that H-4 denial will surely occur. What I am trying to find is a regulation that indicates whether we can re-file a change of status from within the country. If anyone has been through a similar situation and has a link to any regulation, please point me to it. Thanks for reading this post! Link to comment
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