H1 denied- My current status?


wowrang

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   My H1B got approved last year for Company A, and I started working for them from October 2013 to January 2014. Then I got another job offer from Company B. So I joined Company B on Feb 2014 and my consultant submitted an amendment for that. On Feb, 2014 we received RFE and we replied for the RFE and later it got denied on Jun,6th 2014.

Note: Before H1 visa, I was in H4 dependent visa and it’s valid from 02/2013 to 08/2015.

My Questions are:

-Because of the denial will I go back to H4 or Out-Of-Satus.

-If I am out-of-Satus do I need to leave the country and apply for H4 in my home country OR Shall I apply for H4 from here itself.

 

-JFYI My spouse is still working here in H1 and have 140 approved.

 

Please help.

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   My H1B got approved last year for Company A, and I started working for them from October 2013 to January 2014. Then I got another job offer from Company B. So I joined Company B on Feb 2014 and my consultant submitted an amendment for that. On Feb, 2014 we received RFE and we replied for the RFE and later it got denied on Jun,6th 2014.

Note: Before H1 visa, I was in H4 dependent visa and it’s valid from 02/2013 to 08/2015.

My Questions are:

-Because of the denial will I go back to H4 or Out-Of-Satus.

-If I am out-of-Satus do I need to leave the country and apply for H4 in my home country OR Shall I apply for H4 from here itself.

 

-JFYI My spouse is still working here in H1 and have 140 approved.

 

Please help.

1. You are out of status.

2. If denial notice have arrived or yet to arrive you can file for a COS to H4 with a possibility that it might be denied. You can also exit and enter with a valid H4 visa and a copy of your spouse's I797.

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