H4Dependant Posted October 24, 2019 Report Share Posted October 24, 2019 I'm looking for some suggestions or advice ....below is what happened so far with my vIsa status...Background: My H1b extension was denied on March 15th(as per uscis web site) and the status on the website got updated only on April 10th. The employer hasn't got the denial notice even after April 10th (due date which was mentioned in uscis site). On the same day, my employer called uscis and requested for the denial notice. Given my H1 was denied, I was not in a situation wherein I can travel back to India as my passport at that time was expired and it was in the renewal process. My employer filed MTR(motion to reopen) on April 25th and suggested me to apply for H4 Change of status using my spouse's approved H1B. Based on that I applied H4 COS on April 29th,2019. I had my biometrics that was done on June 4th. I later got an RFE asking me to submit/provide the documents of my spouse H1b related docs, MTR receipt notice and all those documents that show my continues status to apply for a change of status.. On Sept 30th I responded to the RFE with all required documents and today I see my case status was showing as DENIED in uscis website. Please note I haven’t got any update on my h1b MTR yet. My questions: Since I stayed in the USA after H1B denial even though I opened a Motion to reopen the case - is my stay in the USA after my H1b denial with MTR receipt notice is considered as out of status? Considering now my H4 COS is denied - is it advised to travel back to India immediately to get H4 stamping? Can I apply for MTR for H4? If so can I start in the USA? If I travel to India and go for an H4 visa interview what would be my chances? My spouse's H1b Visa is valid till Jan 2020(I-140 approved). Please advise what should be my intake now. Quote Link to comment
User099 Posted October 25, 2019 Report Share Posted October 25, 2019 What is your I94 expiry date? Can you update your post when you get your H4 COS denial notice. Curious as to on what basis they denied you COS. Quote Link to comment
xTDx Posted October 25, 2019 Report Share Posted October 25, 2019 From the info provided, it looks like OP was quite probably out of status and USCIS denied COS to H4. MTR itself doesn't give you a status to stay in US. Quote Link to comment
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