Need HELP - L2-H4 COS Denied - I believe there is Hope.

[sam2075]

Need HELP - L2-H4 COS Denied - I believe there is Hope.

Background:

June 30th 2011 L1A/L2 Expired - Extension was filed in normal processing 1 week before the expiry and received RFE in Aug 2011.

Dec 01 2011 - New H1B Effective date. (Thru new employer amidst of pending l1a extension in 2nd week of Nov 2011 filed for H1B in premium and received approval within 15days. Even after continuous follow-up new employer did not file for L2-H4 COS until Dec 23 2011. I understand that its individuals responsibility to file the H4 COS status within valid time frame but my employer said it will be taken care by the attorney.

Dec 17th 2011 - In the mean time my L1 was withdrawn by my previous employer effective Dec 17th 2011 as per USCIS notice both to me and L2 Denial notice to my wife due to withdrawal of petition of principal applicant.

On March 27 2012 received notice of denial for my wife’s L2-H4 COS for the reason that L2 was denied on Dec 08 2011 and the l2-h4 was filed when L2 was out of status.

Discrepancy: L2 Denial notice was received on Dec 17 2011 not on Dec 08 2011, yet I understand my wife is technically out of status from Dec 17th because L2-H4 was filed on Dec 23rd 2011 even though the gap is not much.

Situation around Dec 2011:

• We were packing and in the process of moving to the new job location during last week of Nov 2012 up until 2nd week of Dec 2011. Can support with documentation to an extent.
  
• My wife was pregnant (6th month) during this time (Dec 2011) and delivered baby girl on March 06th 2012. I have required documentation for to support this.
  
• I am not sure of the effective date for H4 COS requested by the company attorney, I am hoping it was requested the date my H1B date started i.e., Dec 01 2011.
  

Thank you for reading my case. Here are my Questions. Pl advice on this as well as any other possibilities you might think of filing an effective petition.

1. Is my case clear to you readers? Pl advice if you need any clarification.
   
2. H1B is approved effective Dec 01 2011, is there any possibility that USCIS would reconsider if I file another petition requesting H4 approval with backdate which i believe is called "nunc pro tunc" and explain the overall situation the delay by few days in filing Cos was complete ignorance and in intentional and due to the above situation. Pl see http://www.murthy.co...s/n_nunpro.html we are in an exact situation.
   
3. Is it suggested for her to be here in USA and get this resolved or go to home country and get the H4 stamped? I am afraid if she leaves the country she might be barred for accumulating more than the allowed time.
   
4. Since when she is out of status actually? June 2011 or Dec 2011?
   
5. What other alternatives I have?
   

Thank you for your time in advance.

[sammy22345]

Hi

 

I am in the same situation. I want to know what approach you took and what was the result.

 

Thanks