H4 - I 539 EOS Denied and I 765 EAD RFE


sga29

Recommended Posts

Hello,

I have a question regarding H4 Denial. We filed my H1B extension in Sep 2019 along with h4 I 539 Extension of status and I 765 EAD. My H1B got approved in June 2020 and we did not get any update on H4 until Jan 11. 

The website is now updated as I 539 application as denied and there is an RFE issue for the I 765 application. We are yet to get the notices to understand the reason why the H4 has been denied. 

But would like to clarify on few things and see what our options are-

1. Will the unlawful presence start after Sep 2019 or after the denial notice date of Jan 2021?

2. Is there a way we can re-open a denied case incase if we find the reason not valid?

3. Will H4 stamping in be an issue due to this denial?

 

Please help. Thanks in advance.

Link to comment

hi I am not an attorney, but USCIS had published an update on this

question is to check why denial and RFE, maybe the I 539 application for extension did not reference the corresponding application I129 extension correctly ? maybe marriage certificate was not attached ? 

hopefully something simple

best to check with your HR / Attorney

 

search internet for

1) "COVID-19 Delays in Extension/Change of Status Filings"

and go to the result from uscis dot gov from 04/13/2020 

which I think says that as long as a valid good cause application was filed timely, you should be good.

 

2) "USCIS Finds New Way To Stop H-1B Spouses From Working"

go to result on forbes dot com there is an article by Stuart Anderson

in my opinion USCIS separated processing of H1B and H4 in bad faith 

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...