h1b to H4 COS denied due to abandonement

[anusuya]

hello

 

i had applied for h4 COS from h1b on march 10th 2014. i had to travel to India in April due to family emergency and now i received a letter stating h4 

 

please advise on what i should do next. Is there a way to amend/repair the status? Also, will this cause any issues n future when i go for stamping for other visa type/GC ?

 

Thanks and Regards

Anu

[JoeF]

Get an H4 visa at the consulate.

[jairichi]

hello

 

i had applied for h4 COS from h1b on march 10th 2014. i had to travel to India in April due to family emergency and now i received a letter stating h4 

 

please advise on what i should do next. Is there a way to amend/repair the status? Also, will this cause any issues n future when i go for stamping for other visa type/GC ?

 

Thanks and Regards

Anu

What does the letter state?

[jairichi]

When you travel outside US when your COS application from H1B to H4 is pending it is automatically considered abandoned. To enter US on H4 you will have to apply for a H4 visa at US consulate.

[anusuya]

hello

 

i had applied for h4 COS from h1b on march 10th 2014 from USA. i had to travel to India in April due to family emergency(travel while the status was pending) and now i received a letter stating h4 has been denied due to abandonment.

 

please advise on what i should do next. Is there a way to amend/repair the status? Also, will this cause any issues n future when i go for stamping for other visa type/GC ?

 

Thanks and Regards

Anu

[anusuya]

Hello Prachi

 

Thank you so much for the reply. Howeverr i am concerned about the effect this rejection would have on my h4 stamping at the consulate? Also my husband's GC is in process and would like to know if i/he would have any issues for GC....

 

Regards

Anu

[jairichi]

Hello Prachi

 

Thank you so much for the reply. Howeverr i am concerned about the effect this rejection would have on my h4 stamping at the consulate? Also my husband's GC is in process and would like to know if i/he would have any issues for GC....

 

Regards

Anu

No issue at all. This is normal . As JoeF also informed you can approach an US consulate for H4 visa.

[pontevecchio]

This has NO effect on getting a H4 visa. None at all. H1 and H4 are dual intent and allow Immigration intent. Outside the USA H4 status or not is immaterial. Get a H4 visa and return.

[anusuya]

Thank you Guys.

 

One last question(i know its too much bothering , but just to understand the situation better).

 

i am presently in india to also reset my h1b clock(365 days out of USA) and  will be applying for h1b next april(2015) through my employer. Will this rejection cause issue for my h1 as the USCIS would have this record of my h4 denial?

 

 

[anusuya]

Hello Guys

 

Some attorneys are suggesting that i file i290b to state that i never overstayed (that i was back before i94 expiry). Is it required?

 

Cheers

Anu

[jairichi]

Thank you Guys.

 

One last question(i know its too much bothering , but just to understand the situation better).

 

i am presently in india to also reset my h1b clock(365 days out of USA) and  will be applying for h1b next april(2015) through my employer. Will this rejection cause issue for my h1 as the USCIS would have this record of my h4 denial?

No issue for your H1B. It is not denial but abandonment of your COS to H4 application.

[jairichi]

Hello Guys

 

Some attorneys are suggesting that i file i290b to state that i never overstayed (that i was back before i94 expiry). Is it required?

 

Cheers

Anu

Call Murthy law firm and they will confirm it.

[anusuya]

thank you Jairichi. i shall call them and confirm it.