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h4satus

H1b COS denied. Is out of status?.

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My Wife's company  applied for the H1b Cap petition for 2018-2019 lottery period. It was a change of status from H4 to H1. The petition eventually got denied on 12th August 2019

Her H4  I-94 validity was until August -15th 2019. We applied to extend her H4 status on May 30th. The application is still with USCIS and not yet approved. 

As part of the H1B denial we got a notice that her change of status to H1 got denied and she is out of status now. Below is the exact wording

"The denial of the Form i-129 leaves the beneficiary without lawful immigration status. Absent other approved  application or petition or petition that would bestow valid immigration status upon the beneficiary, the beneficiary is now present in the US in violation of the law. If the date listed on the Form-I-94 has already passed, this decision leaves the beneficiary without lawful immigration status" 

Is she really out of status. Her H4 extension  is pending with USICS and we had applied before the I-94 expired.

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She is in status since here h4 extension is pending. no need to worry. she can stay till she gets decision on H4 ext.

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On 8/22/2019 at 6:47 PM, h4satus said:

My Wife's company  applied for the H1b Cap petition for 2018-2019 lottery period. It was a change of status from H4 to H1. The petition eventually got denied on 12th August 2019

Her H4  I-94 validity was until August -15th 2019. We applied to extend her H4 status on May 30th. The application is still with USCIS and not yet approved. 

As part of the H1B denial we got a notice that her change of status to H1 got denied and she is out of status now. Below is the exact wording

"The denial of the Form i-129 leaves the beneficiary without lawful immigration status. Absent other approved  application or petition or petition that would bestow valid immigration status upon the beneficiary, the beneficiary is now present in the US in violation of the law. If the date listed on the Form-I-94 has already passed, this decision leaves the beneficiary without lawful immigration status" 

Is she really out of status. Her H4 extension  is pending with USICS and we had applied before the I-94 expired.

Extension of Status and Change of Status are different things although one would expect that they both should be approved when one applies

Your wife's petition to Extend her H4 status beyond August 2019 is currently pending and hence can support her stay on a legal basis until you hear a decision. Remember though that the just in case, USCIS denies her H4 Extension of status for any reason,  she would be out of status from that moment and cannot wait until August 2019

We hope that this will not be the case and that she is approved

 

Now talking about the Change of Status application from H4 to H1, which is different one as explained in the beginning, the fact that it was denied may throw some light on the reasons for denial. See if you could correlate these reasons to any fixes you could make for future petitions to avoid any problems

All the best

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19 hours ago, GCoder said:

She is in status since here h4 extension is pending. no need to worry. she can stay till she gets decision on H4 ext.

Her H4 got approved.

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