H4 denied because of H1 withdrawn

[rohit611]

 

Hi,

Request your help urgently.

I had my H1B and my wife's H4 visa ( extension of stay) approved from employer "A" until 2020. I left employer "A" on 11th April 2018. 
Then I started working for employer "B" from April 12th, 2018 on H1B receipt number and at the same time, my wife's H4 visa ( extension of stay) was applied by employer "B". I left employer "B" on 15th May 2018.
I joined employer "C" on 17th May 2018. But I did not apply for H4 (extension of stay) with employer "C". My H1B visa has been approved from employer "C" for 1 year until May 2018. 

Employer "B" withdrew my H1B petition after I left. Now I received the USCIS notice of my wife's denial based on the petition of Employer "B" withdrawn. Please advise. 

1) is my wife's petition with employer "A" still valid?
2) my wife is out of status? What are the next steps? Does She need to leave the US?
3) Can I apply H4 now or is it necessary to leave the country and get it stamped?
4) Will she stuck in India for long, is it general case these days?
5) I works for smaller company with direct client, no layer involved?

[pontevecchio]

1. H4 does not involve a petition. The EOS filed for your wife by B was nullified as the underlying H1 petition was withdrawn before the EOS of your wife could be approved.

2. She needs to leave and come back on the H4 visa. Please note "visa" is an entry sticker and document. A visa and petition are different beasts.

3. See 3.

4. Entirely up to the credibility of your H1 status.

5. see 4.

[satya2k1]

On 6/18/2018 at 11:30 PM, rohit611 said:

 

Hi,

Request your help urgently.

I had my H1B and my wife's H4 visa ( extension of stay) approved from employer "A" until 2020. I left employer "A" on 11th April 2018. 
Then I started working for employer "B" from April 12th, 2018 on H1B receipt number and at the same time, my wife's H4 visa ( extension of stay) was applied by employer "B". I left employer "B" on 15th May 2018.
I joined employer "C" on 17th May 2018. But I did not apply for H4 (extension of stay) with employer "C". My H1B visa has been approved from employer "C" for 1 year until May 2018. 

Employer "B" withdrew my H1B petition after I left. Now I received the USCIS notice of my wife's denial based on the petition of Employer "B" withdrawn. Please advise. 

1) is my wife's petition with employer "A" still valid?
2) my wife is out of status? What are the next steps? Does She need to leave the US?
3) Can I apply H4 now or is it necessary to leave the country and get it stamped?
4) Will she stuck in India for long, is it general case these days?
5) I works for smaller company with direct client, no layer involved?

This is what happens when you don't get advise from an attorney when you change jobs.  You didn't have to apply for your wife's H4 when you moved to Emp B, because your wife's H4 is dependent on your H1.  You unnecessarily complicated the situation.

The best option is, if your wife got either a valid H4 visa or expired H4 visa (Automatic Visa Revalidation in case of expired H4 visa) in passport then cross the border and enter the USA with new I-94.  or your wife can apply for H4 petition immediately based on your approved H1 from Emp C.

[metroguy]

As your wife has already a valid H4 visa till 2020, you need not have to worry until then. If ur spouse travels outside the USA and wants to enter before her visa 2020 expires, she can carry a copy of your latest h1 (company c ) with her whenever she travels. No need to go for any stampings until 2020