My request for h1b to H4 VISA is denied. I currently have a h1b petition (premium processing) pending. Should I leave US ?
Asked on Nov 11th, 2014 on Immigration - New Jersey
More details to this question:
I was on h1b status from Dec 2012 to July 8, 2014. At which point my employment was terminated. "Three weeks" later I filed for a change of VISA (I539) application. I requested an H4 visa since my husband is on H1B. (Although my employer terminated my employment on July 8, USCIS had not revoked my h4 status till Aug 25 ) On October 7, USCIS sent me a letter saying that "during filing of my h4, my stay in US was illegal and to provide a reason for the three week delay?" To this I immediately responded that I was under legal status until Aug 25 and gave them the USCIS document. However on Nov 7, USCIS rejected my h4 petition saying I did not provide a reasonable explanation for the delay, and am hence out of status and should leave the country. In the meantime another employer has filed for my h1b (on Nov 5 under premium) . Should I leave the country since h4 was rejected or do i wait for h1b decision ?
Hello. You will not get a "change of status" h1b on this new filing. Since your H4 was denied, you have no status. You should leave immediately, wait for the h1b approval and process at the US Embassy. You should not overstay more than 6 months or you can be barred from coming back for 3 years. You have been out of status since 07/08/2014.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.