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H4 denied while h1 application pending

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jameshans70

Junior Member
What is the name of your state (only U.S. law)? NJ

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 ?
 


FlyingRon

Senior Member
You are incorrect. You were out of status from the minute you were terminated. You should not have waited three weeks. At this point you have no option for changing status without leaving the country.
 

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