H4 Denied


Recommended Posts

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.

 

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...