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chenghis

H1B Extension Denied - Options

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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!

Edited by chenghis

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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

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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.

 

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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.  

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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..

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