L1B denied applying for H4


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Thank you pontevecchio and Chitown01, really appreciate for sharing the information.

I work in energy efficieny area (with MS in mechanical engineering).My first H1B is expiring on Sep 2012 and my firm has said that they will file for H1B extension in April 2012. (Firm also started GC process with Prevailaging Wage process in line, as of today).

Will there be any issue in H4 since my H1b is valid upto Sep 2012 and we will go for my wife H4 in June 2012? is there a possibility of getting a reply from VO " that you only have 3 months left on H1B"

Thank you

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that you only have 3 months left on H1B" --> Yea, my company will file for extension once we get back :-)

H1B is dual intent so dont worry about GC stuff and all....

If you apply for extension with premium processing, you might get approval before you go for stamping and you can visa stamped for longer validity.

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Doesn't matter..... all uscis cares about that she maintained her status at the time of filling of H4..... i.e. she should have paystubs for past 3 months that all they care about....

She should NOT quit the job untill the Change of Status petition is received by the USCIS, in case if you receive RFE she would be in trouble, quit only AFTER the application is received by them and y'all have receipt number

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@ Chitown01,

Thanks for your reply but my apologies as I was not clear in giving correct information.

My girl is still in India working in IT sector and as of today she does not carry any sort of US visa. (Her L1b was denied on jan 27)

My question was, if I make her quit her job before appearing for H4 visa (which we are planning to do in June 2012 after marriage), will that be beneficial for getting her H4 approval? She is not in US.


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