H4 to H1B Denied..What are the options

[mrt3019]

I applied for the new H4 to H1B through a consultancy on April,2015. It got selected in the lottery. I did a premium processing on December 8th, 2015. Now I got a mail from USCIS that the H1B got denied. My current H4 is expired on October 10, 2015.Can I apply for the H4 extension from US or I need to go back to the home country since I am out of status.

 

Please suggest.

[rahul412]

File your H4 ext ASAP.

[rahul412]

And next time,find a real employer not a consulting firm.

[jairichi]

You cannot apply. You are accruing illegal stay from the day of denial. Exit US immediately.

[bobvisa]

exit and go for H4 stamping using ur spouse I797 copy 

[mrt3019]

Thank you for your responses. My employer is filing a MTR. If he is filing MTR, he said that I cannot leave US and my spouse employer is filing a H4 extension..

 

Do I need go out of country for stamping.

[jairichi]

Thank you for your responses. My employer is filing a MTR. If he is filing MTR, he said that I cannot leave US and my spouse employer is filing a H4 extension..

 

Do I need go out of country for stamping.

 

A MTR gives you no right to stay in US. Employer is clueless about immigration laws. 

H4 extension will be denied as you are accumulating illegal stay in US.

[rahul412]

Thank you for your responses. My employer is filing a MTR. If he is filing MTR, he said that I cannot leave US and my spouse employer is filing a H4 extension..

 

Do I need go out of country for stamping.

MTR is waste of time, what was the reason for denial? If you answer this honestly then someone will help you out.