I-539 change of status/extention denied

[madmex]

What is the name of your state (only U.S. law)? OKLAHOMA


what to do if i-539 change of status/extention denied.


My application for I-539 to change of status has been denied.

I and my spouse both had on h-1b. they denied my transfer from company A to B. so, i applied for I-539 chage of status(h-4) on my spouse.they also denied my appication I-539.
I have not received notice yet because i saw my status online on march 12th 09.
Now I am so confused what to do? I would really appriciate if someone advice me in this case.

thanksWhat is the name of your state (only U.S. law)?

 

[ImmigAttyLana]

If your transfer from A to B was denied because you were not in valid status at the time it was filed, the I-539 to change to H-4 would also be denied for the same reason. You have to be IN status in order to be able to CHANGE status!

 

[madmex]

i-539 denied

NO i was in valid status because my h-1b was going to expire on 10/26/08
i applied for transfer on 06/02/08.

they ask for more evidence took lot of time to give decision finally they denied my tranfer in dec 08.

By the same time i did apply for change of status. my wife h-1b is valid thru 10/30/11



Thanks for ans please tell me now what to do. can i file appeal or anyway to get status back.

 

[candg918]

To be "in status" requires more than a visa and approval notice. You must have been working for the employer sponsoring you and receiving paychecks. Often employers violate this rule and "bench" employees without pay. If you did not demonstrate that you were working, you could be denied a change of status. You need to exit and re-enter with an H4 stamping in order to be in H4 status.