jaiprak Posted December 17, 2018 Report Share Posted December 17, 2018 I am yet to get my H1B denial reason from my employer. But my wife's i-539 denial came via mail today and it says 'Timely filing and maintenance of status'. Previous i-94 expiration date (for both) - 8/18/18 i-539 / H1B extension applied date - 8/3/18. RFE recieved on H1B date - 9/13/18 RFE responded date - 11/28/18 Denial date for both - 12/10/18. As you can see the request for extension was filed 15 days before expiry. The reason that was given in the letter for i-539 denial was "Title 8 Code of Federal Regulations, Section 214, 1(c)(4) states: Timely filing and maintenance of status...." and goes on about filing before the previous date of expiry. Is this a standard format of i-539 denial reason when H1B is denied after the i-94 expiry date or do you see any clerical error? What would the i-539 denial notice say if the primary applicant was denied for whatever reason? Link to comment
shekar11# Posted December 18, 2018 Report Share Posted December 18, 2018 18 hours ago, jaiprak said: I am yet to get my H1B denial reason from my employer. But my wife's i-539 denial came via mail today and it says 'Timely filing and maintenance of status'. Previous i-94 expiration date (for both) - 8/18/18 i-539 / H1B extension applied date - 8/3/18. RFE recieved on H1B date - 9/13/18 RFE responded date - 11/28/18 Denial date for both - 12/10/18. As you can see the request for extension was filed 15 days before expiry. The reason that was given in the letter for i-539 denial was "Title 8 Code of Federal Regulations, Section 214, 1(c)(4) states: Timely filing and maintenance of status...." and goes on about filing before the previous date of expiry. Is this a standard format of i-539 denial reason when H1B is denied after the i-94 expiry date or do you see any clerical error? What would the i-539 denial notice say if the primary applicant was denied for whatever reason? Check with your employer's attorney ASAP. If you filed before your I-94 expiry date the above reason can be appealed. Link to comment
pontevecchio Posted December 18, 2018 Report Share Posted December 18, 2018 If your H1 extension is denied, her H4 status extension is automatically denied. What is the issue here? Link to comment
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