H1B Approved but with Consular Processing (H4 Denied)


Pname1981

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I am posting this for a friend, kindly review and advice.

 

Timelines:

i)   H1B Extension (normal processing) was applied in Jun 2017, got an RFE and was appropriately responded.

ii)  In Nov 2017, the extension was denied by UCICS.

iii) Employer (Consulting Company) re-applied with Premium processing.

iv) Case was approved for 3 years but with Consular processing, however dependent H4 was denied. (Waiting for Approval notice)

 

Could you please let us know :

i)   When does UCICS generally suggest going for Consular processing, as the applicant is in USA and this is an extension.

ii)  Can the applicant work in US, pending consular processing as original H1B validity expired.

iii) How soon should the applicant go for Consular processing (India).

iv) What are the chances of getting the Visa extension approved in India in this scenario.

v)  Does case approval help chances of Visa extension approval in India.

vi) Can H4 extension be done along with applicant's consular processing in India.

 

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Hi Pname81,

my situation is similar as yours, got denied. but my employer is applying again with consular processing.

  1. Uscis suggests consular processing when your I94 is expired. so you have to go out of the country get stamped and come back to receive a new I94
  2. Cannot work until you get new I94
  3. Immediately have to go for stamping
  4. stamping should not be a problem if you can answer correctly and be genuine.
  5. H4 normally is dependent on H1, so not sure why H4 will be denied. check the reasons for denial.

Also can you please tell me, what were your reasons for denial first time, and what was your response to get approved again.

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