H1-B Approved but H-4 Denied

[medamadhu]

Hi,

Early this year I applied for my H1B extension through Employer A and got both H1B and H-4 extension approved for 3 years. Due to some issues with my Employer A I transferred to another Employer B and got H1B approval for an year. But USCIS denied my wife's H-4 extension stating that " You applied to extend your H-4 status to March 24, 2022.Your H-4 expiration date is currently to February 1, 2022. You spouse's H1-B was approved on July 18th, 2019, with validity to Match 30, 2020. Therefore, USCIS cannot extend your H-4 status".
Where as my previous Employer A already revoked my H1B and since H-4 status is dependent on my H1B status I was in impression that her H-4 is already revoked. But as per my current Employer B after consulting attorney is saying that a H4 visa (dependent visa) cannot be technically revoked by an employer as it is not employment based. The dependents can legally remain in the US in their current non immigrant status  until the expiration date indicated on their I-94 Arrival/Departure record. Please let me know if this is true. I am really worried as she is planning to go for visa stamping in December and this would create a problem.

Thanks in advance.
 

[shekar11#]

22 hours ago, medamadhu said:

Hi,

Early this year I applied for my H1B extension through Employer A and got both H1B and H-4 extension approved for 3 years. Due to some issues with my Employer A I transferred to another Employer B and got H1B approval for an year. But USCIS denied my wife's H-4 extension stating that " You applied to extend your H-4 status to March 24, 2022.Your H-4 expiration date is currently to February 1, 2022. You spouse's H1-B was approved on July 18th, 2019, with validity to Match 30, 2020. Therefore, USCIS cannot extend your H-4 status".
Where as my previous Employer A already revoked my H1B and since H-4 status is dependent on my H1B status I was in impression that her H-4 is already revoked. But as per my current Employer B after consulting attorney is saying that a H4 visa (dependent visa) cannot be technically revoked by an employer as it is not employment based. The dependents can legally remain in the US in their current non immigrant status  until the expiration date indicated on their I-94 Arrival/Departure record. Please let me know if this is true. I am really worried as she is planning to go for visa stamping in December and this would create a problem.

Thanks in advance.
 

What your employer told is correct. H-4 is not employer dependent.

[Veerucs]

On 9/5/2019 at 3:00 PM, medamadhu said:

Hi,

Early this year I applied for my H1B extension through Employer A and got both H1B and H-4 extension approved for 3 years. Due to some issues with my Employer A I transferred to another Employer B and got H1B approval for an year. But USCIS denied my wife's H-4 extension stating that " You applied to extend your H-4 status to March 24, 2022.Your H-4 expiration date is currently to February 1, 2022. You spouse's H1-B was approved on July 18th, 2019, with validity to Match 30, 2020. Therefore, USCIS cannot extend your H-4 status".
Where as my previous Employer A already revoked my H1B and since H-4 status is dependent on my H1B status I was in impression that her H-4 is already revoked. But as per my current Employer B after consulting attorney is saying that a H4 visa (dependent visa) cannot be technically revoked by an employer as it is not employment based. The dependents can legally remain in the US in their current non immigrant status  until the expiration date indicated on their I-94 Arrival/Departure record. Please let me know if this is true. I am really worried as she is planning to go for visa stamping in December and this would create a problem.

Thanks in advance.
 

not 100% sure in your case but I had some what similar case , I had future dated approved I-797 with Employer A and my spouse also got h4 extension with the same date. After changing to employer B my family went to India they weren't able to come back until my Employer B's H1 is approved. In your case if your family goes to India they can just go for Stamping with your New I-797 copy. Not sure about staying in US with old Employer H4

[Vinesh Kumar]

Hi,

Subject - H1B approved but H4 denied

Please find the timelines of scenario below

1) Company A - H1B extension approval valid until 10/31/2020 and I-94 until 11/10/2020 and 

                         - H4 extension approval valid until 10/31/2020 and I-94 until 11/10/2020

2) H1B transferred from Company A to Company B 

3) Company B - H1B extension approval valid until 04/20/2020 and I-94 until 05/10/2020

                         - H4 case decision has been DENIED on 09/13/2019

We are still awaiting the H4 papers to understand the reason for this denial.

Would like to know the following:

1 -> if my dependents can stay in the US until the prior approved H4/I-94 validity period(from Company A). i.e until 10/31/2020 - as H4 visa, according to my understanding, is not dependent on the employer, and my H1B is also currently valid

OR

Are they currently "Out of Status"?

2 -> Can we do the H4 extension from Company B on top of this denial within US OR need to go outside US(home country) for H4 visa stamping

3 -> What are the options for my dependents going forward.

Kindly let me know.

[shekar11#]

On 9/18/2019 at 11:29 AM, Vinesh Kumar said:

Hi,

Subject - H1B approved but H4 denied

Please find the timelines of scenario below

1) Company A - H1B extension approval valid until 10/31/2020 and I-94 until 11/10/2020 and 

                         - H4 extension approval valid until 10/31/2020 and I-94 until 11/10/2020

2) H1B transferred from Company A to Company B 

3) Company B - H1B extension approval valid until 04/20/2020 and I-94 until 05/10/2020

                         - H4 case decision has been DENIED on 09/13/2019

We are still awaiting the H4 papers to understand the reason for this denial.

Would like to know the following:

1 -> if my dependents can stay in the US until the prior approved H4/I-94 validity period(from Company A). i.e until 10/31/2020 - as H4 visa, according to my understanding, is not dependent on the employer, and my H1B is also currently valid

OR

Are they currently "Out of Status"?

2 -> Can we do the H4 extension from Company B on top of this denial within US OR need to go outside US(home country) for H4 visa stamping

3 -> What are the options for my dependents going forward.

Kindly let me know.

1. They can stay as their old I-94 is still valid.

2. You can apply for their extension next year.