sga29 Posted January 13, 2021 Report Share Posted January 13, 2021 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. Quote Link to comment
robinmcool Posted January 15, 2021 Report Share Posted January 15, 2021 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 Quote Link to comment
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