h1 transfer denied after 6th yr - transfer to H4!!


kauphy

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I am in 7th year h1b, my h1b transfer/extension got denied,  i dont know the reason yet and my attorney has not received any email or mail regarding denial notice.my previous employer revoked h1 only 2 days back but previous company attorney dint receive the revoked petition yet from uscis. my questions :

1. Can I file immediately H4 , get the receipt notice and then if h1b is actually denied, appeal for that so that i will be in H4 status during appeal period and if i win the appeal, can i revoke/withdraw h4 petition and work on h1b??

please let me know.

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I am in 7th year h1b, my h1b transfer/extension got denied,  i dont know the reason yet and my attorney has not received any email or mail regarding denial notice.my previous employer revoked h1 only 2 days back but previous company attorney dint receive the revoked petition yet from uscis. my questions :

1. Can I file immediately H4 , get the receipt notice and then if h1b is actually denied, appeal for that so that i will be in H4 status during appeal period and if i win the appeal, can i revoke/withdraw h4 petition and work on h1b??

please let me know.

Yes, you can apply for COS to H4 provided your spouse is on H1B status. You could request USCIS for withdrawal of COS to H4 if your appeal becomes successful. But, in most of the cases USCIS will proceed with decision making on your COS application. Also, your COS to H4 will most probably get approved before a decision on your appeal could be made.

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is there any way i can apply for a new H1B petition based on PERM LABOR FILING 365 day rule, will that rule apply in my case even though the labor would have been revoked by my previous company as my previous company started my PERM labor a year ago in Jan 2013. I am not sure about its status if it has been revoked or not (most probably it might be 
revoked).

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is there any way i can apply for a new H1B petition based on PERM LABOR FILING 365 day rule, will that rule apply in my case even though the labor would have been revoked by my previous company as my previous company started my PERM labor a year ago in Jan 2013. I am not sure about its status if it has been revoked or not (most probably it might be 

revoked).

I do not think with a revoked labor an extension or cap exempt H1B petition could be filed.

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my spouse has her I-797 approval from a new employer until Sep 2016. Her passport has the visa and I-94 from a different employer until Aug 2014. If I go to H4 stamping in India or Canada or Mexico, how long will I get my H4 visa. Is it until Sep 2016 or just until Aug 2014 (as that is her I-94 expiry date) 

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my spouse has her I-797 approval from a new employer until Sep 2016. Her passport has the visa and I-94 from a different employer until Aug 2014. If I go to H4 stamping in India or Canada or Mexico, how long will I get my H4 visa. Is it until Sep 2016 or just until Aug 2014 (as that is her I-94 expiry date) 

What about her I94 in new employer's I797? You might get a visa till Sep 2016.

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