chenghis Posted July 12, 2018 Report Share Posted July 12, 2018 Hello, My h1B extension is denied on 7/09. I applied for H4 (spouse is on H1B) On 7/12 I understand that denial means most likely I have to go back to India (home country), but since H4 is applied, can I continue to stay in US legally ? Thanks! Link to comment
pontevecchio Posted July 12, 2018 Report Share Posted July 12, 2018 Since it takes many months to decide the COS to H4, I would counsel leaving and returning with a H4 visa. Link to comment
Hema Reddy Posted July 13, 2018 Report Share Posted July 13, 2018 When did your I-94 expire? If you have valid I-94 by the date your H4 receipt is generated, you can continue to stay in United States (though, it is not suggestible). If your I-94 is already expired, you must leave the country immediately and re-enter on H4 visa Link to comment
chenghis Posted July 14, 2018 Author Report Share Posted July 14, 2018 Thank you for your suggestions. Just one more thing, is it advisable to go back to India and come with a visitor visa as soon as possible? For family constraint , don't want to be separate from them for long. Link to comment
Provence Posted July 14, 2018 Report Share Posted July 14, 2018 Why would you not apply for an H4 visa if spouse has an H1b? It's highly improbable for an otherwise h4-eligible spouse to obtain a B2. Link to comment
cap-gap Posted July 15, 2018 Report Share Posted July 15, 2018 9 hours ago, chenghis said: is it advisable to go back to India and come with a visitor visa as soon as possible? For family constraint , don't want to be separate from them for long. makes no sense to get a visitor visa when you are qualified for H4 visa stamp which is more clean and valid intent.. if staying with family is important, whole family can leave the country.. the current situation is primarily self inflicted i.e. prevalent H1 abuse over a decade that is forcing the current crackdown..so people need to stop the silly tricks at least moving forward.. Link to comment
Chelsea Posted July 16, 2018 Report Share Posted July 16, 2018 whats the reason of denial ? Link to comment
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