H1B denied

[Rachana76]

Hello.

My H1B got denied today on 27th July, I came to know by checking my case id on USCIS website. It was also mentioned that they have sent me a mail which i should receive in 15 days explaining the reason why it was denied. I have 10 years tourist visa, plus 5 years student visa. I got my student visa in 2007. I came to USA went to a community college did an associate degree in Hospitality and Tourism for 2 years. and graduated, then after graduation I applied for OPT , which got approved , worked for 1 year on OPT, then again went back to college and did a certificate program in Aesthetics. I just graduated in May 2012. While I was studying my Aesthetics , I had applied for H1B which got denied. My husband is a pending 485, his I140 is approved plus Ead is approved. Can I apply for H4??? or what are my options. my student visa is still valid till Nov 2012, and after graduation in May , I went and registered for another program in college for August (fall semester) , thinking in case my H1 gets denied, which unfortunately really happened in my case. I still have the option to study. But honestly I do not want to study further. So kindly help and let me know what are my options?

Thank you

[pontevecchio]

Is your spouse in H1 status now?

[Rachana76]

Hi. Thanks for your response. No my husband is not on H1. But since I am present in USA, what would be my best options?

[pateljbp01]

Hi Rachana

Wait till your husband's H1B clears. Once it is cleared, you can file for H4.

you can stay for 6 M from the date of application even your F1 expires

Once you receive I797 (Receipt), you are safe

Not to worry

[pontevecchio]

How is it that your AOS was not done?