H1B extension denial notice just today, plan to switch to H4 (dependent on spouse)


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Hi,
 
my wife has got H1B extension denial notice just today. Yet not received exact reason of denial. I need help to understand possible options going forward.
 
1. Reapply H1B
    She has used 3 years of her total H1B. Can her company update LCA and file new H1B again with new job responsibility
2. H4
    As I am already on H1B, she can be my dependent and can apply the change of status to H4. 
    a. Can I do that, if yes, does she need to go back to India for stamping?
    b. Can I start a change of status from H1B to H4 even before we actually receive notice from USCIS?
    c. Is it legal to stay in united states while H4 Extension is in pending? 
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I am in pretty much same situation. 

My H1 extesion applied on 3/4/2017 has received 3 RFE's. 
Response of second RFE was denial meanhile we submitted response to third RFE around 2-3 days before..

Questions 
 
1) Is the Second RFE response final ?
2) Should I wait for third RFE response ? What if I do make a move outside states and then we get RFE response as  extension provided. 
3) Can I be on H4 (H1 for my wife) and still be employed with XYZ in US?
4) Can I be on H4 (H1 for my wife) and still be employed with XYZ in INDIA and be on LOA?
5) Can I somehow extend the stay in US by being in different legal status ?
6) Can I apply H1 from another vendor ? 

 

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  • 2 weeks later...
On 3/8/2018 at 3:36 AM, brighton said:

1 . Yes 

2 . Better to go back to India and get stamped (H4) 

 

On 3/8/2018 at 1:30 AM, adshah84 said:

1. Yes

2.

a. You can do that.  She doesn't need s to go out of country

b. Yes

C. Yes. You meant to say COS to H4. 

Thank you for the response brighton and adsha. 

we are still waiting for denial notice. as you suggested we can still file H4 change of status but with a current time frame, it will take 3-4 months. One thing to note here is that her I94 is already expired and she is here on the basis of H1B extension.

We have decided that she will go to India alone and do stamping which would be a fast process rather applying from US. Now my question is how can I file her H4 by my self. I have not done this before by myself. Do I need to submit an online DS160 form and she has to present there for bio-metric and consulate interview for H4 or is there any other way.  

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thank you all for help. 

some bad luck is going on. I have not received my denial notice yet. As per USCIS online update, if I don't get the hard copy of notice I should raise e-request. So I did and now surprisingly the service request I raised for e-request is saying that they will update by April 14.

So, now what you think best next step to follow.

1) Keep working here and wait until we get H1 denial notice (hard copy or soft copy)

2) Go back India and process H4 visa?

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  • 1 month later...
On 3/8/2018 at 10:49 AM, ASETH said:

I am in pretty much same situation. 

My H1 extesion applied on 3/4/2017 has received 3 RFE's. 
Response of second RFE was denial meanhile we submitted response to third RFE around 2-3 days before..

Questions 
 
1) Is the Second RFE response final ?
2) Should I wait for third RFE response ? What if I do make a move outside states and then we get RFE response as  extension provided. 
3) Can I be on H4 (H1 for my wife) and still be employed with XYZ in US?
4) Can I be on H4 (H1 for my wife) and still be employed with XYZ in INDIA and be on LOA?
5) Can I somehow extend the stay in US by being in different legal status ?
6) Can I apply H1 from another vendor ? 

 

Hi, so what happened to your case. You got response for 3rd RFE? What are all the RFE's about?

 

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