anusuya Posted May 28, 2014 Report Share Posted May 28, 2014 hello i had applied for h4 COS from h1b on march 10th 2014. i had to travel to India in April due to family emergency and now i received a letter stating h4 please advise on what i should do next. Is there a way to amend/repair the status? Also, will this cause any issues n future when i go for stamping for other visa type/GC ? Thanks and Regards Anu Link to comment
JoeF Posted May 28, 2014 Report Share Posted May 28, 2014 Get an H4 visa at the consulate. Link to comment
jairichi Posted May 28, 2014 Report Share Posted May 28, 2014 hello i had applied for h4 COS from h1b on march 10th 2014. i had to travel to India in April due to family emergency and now i received a letter stating h4 please advise on what i should do next. Is there a way to amend/repair the status? Also, will this cause any issues n future when i go for stamping for other visa type/GC ? Thanks and Regards Anu What does the letter state? Link to comment
jairichi Posted May 28, 2014 Report Share Posted May 28, 2014 When you travel outside US when your COS application from H1B to H4 is pending it is automatically considered abandoned. To enter US on H4 you will have to apply for a H4 visa at US consulate. Link to comment
anusuya Posted May 28, 2014 Author Report Share Posted May 28, 2014 hello i had applied for h4 COS from h1b on march 10th 2014 from USA. i had to travel to India in April due to family emergency(travel while the status was pending) and now i received a letter stating h4 has been denied due to abandonment. please advise on what i should do next. Is there a way to amend/repair the status? Also, will this cause any issues n future when i go for stamping for other visa type/GC ? Thanks and Regards Anu Link to comment
anusuya Posted May 28, 2014 Author Report Share Posted May 28, 2014 Hello Prachi Thank you so much for the reply. Howeverr i am concerned about the effect this rejection would have on my h4 stamping at the consulate? Also my husband's GC is in process and would like to know if i/he would have any issues for GC.... Regards Anu Link to comment
jairichi Posted May 28, 2014 Report Share Posted May 28, 2014 Hello Prachi Thank you so much for the reply. Howeverr i am concerned about the effect this rejection would have on my h4 stamping at the consulate? Also my husband's GC is in process and would like to know if i/he would have any issues for GC.... Regards Anu No issue at all. This is normal . As JoeF also informed you can approach an US consulate for H4 visa. Link to comment
pontevecchio Posted May 28, 2014 Report Share Posted May 28, 2014 This has NO effect on getting a H4 visa. None at all. H1 and H4 are dual intent and allow Immigration intent. Outside the USA H4 status or not is immaterial. Get a H4 visa and return. Link to comment
anusuya Posted May 29, 2014 Author Report Share Posted May 29, 2014 Thank you Guys. One last question(i know its too much bothering , but just to understand the situation better). i am presently in india to also reset my h1b clock(365 days out of USA) and will be applying for h1b next april(2015) through my employer. Will this rejection cause issue for my h1 as the USCIS would have this record of my h4 denial? Link to comment
anusuya Posted May 29, 2014 Author Report Share Posted May 29, 2014 Hello Guys Some attorneys are suggesting that i file i290b to state that i never overstayed (that i was back before i94 expiry). Is it required? Cheers Anu Link to comment
jairichi Posted May 29, 2014 Report Share Posted May 29, 2014 Thank you Guys. One last question(i know its too much bothering , but just to understand the situation better). i am presently in india to also reset my h1b clock(365 days out of USA) and will be applying for h1b next april(2015) through my employer. Will this rejection cause issue for my h1 as the USCIS would have this record of my h4 denial? No issue for your H1B. It is not denial but abandonment of your COS to H4 application. Link to comment
jairichi Posted May 29, 2014 Report Share Posted May 29, 2014 Hello Guys Some attorneys are suggesting that i file i290b to state that i never overstayed (that i was back before i94 expiry). Is it required? Cheers Anu Call Murthy law firm and they will confirm it. Link to comment
anusuya Posted May 29, 2014 Author Report Share Posted May 29, 2014 thank you Jairichi. i shall call them and confirm it. Link to comment
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