H4 denial while H1

[MBATechGrad]

Hi All, my spouse has received H4 denial notice and we would like to consult possible option in that regard. Situation - 

1. She has been on H4 since last few years.

2. last year (2019), we filled for her H1b which was approved in April'19 with start date 10/01/2019

3. However we decided not to change her status on H1B in Oct and instead filled for her H4 extn on Sept 18th. She has been on H4 status from April to Sept period

4. She never joined H1B firm and continued to be on H4 status after extension was filled in Sept. we already told her employer in Oct that she won't join but not sure when withdrawal was done for H1B petition

5. Now we got a letter from USCIS that H4 is declined because she should be on H1B status starting Oct 1st. I was told that her H4 should have been approved considering H4 extension was filled before Oct 1st (on Sept 18th). Please advise.

[User099]

If you filed you H4 before Oct 1st, I don't understand why they declined the H4. I would recommend talking to an attorney and then going for H4 visa stamp and come back.

[shekar11#]

On 2/11/2020 at 12:53 PM, MBATechGrad said:

Hi All, my spouse has received H4 denial notice and we would like to consult possible option in that regard. Situation - 

1. She has been on H4 since last few years.

2. last year (2019), we filled for her H1b which was approved in April'19 with start date 10/01/2019

3. However we decided not to change her status on H1B in Oct and instead filled for her H4 extn on Sept 18th. She has been on H4 status from April to Sept period

4. She never joined H1B firm and continued to be on H4 status after extension was filled in Sept. we already told her employer in Oct that she won't join but not sure when withdrawal was done for H1B petition

5. Now we got a letter from USCIS that H4 is declined because she should be on H1B status starting Oct 1st. I was told that her H4 should have been approved considering H4 extension was filled before Oct 1st (on Sept 18th). Please advise.

You need to get in touch with an immigration attorney ASAP.

[MBATechGrad]

On 2/12/2020 at 1:46 PM, User099 said:

If you filed you H4 before Oct 1st, I don't understand why they declined the H4. I would recommend talking to an attorney and then going for H4 visa stamp and come back.

thanks. yes spoke with few attorney. they advised two options - going out of country and come back with stamping or file fresh h4 extn with nunc pro tunc request.

we have 8 months twin babies so traveling out of country will be a challenging. did anyone file for nunc pro tunc request in such similar cases?

 

[User099]

NPT might be a good option if you can't travel right now.

[pontevecchio]

Do not speak to multiple lawyers. Retain one and have them deal with the matter. No question of NPT if you have the receipt for the extension of H4 status filed before October,1.