H-4 denial

[GCcountdown]

Hi All,

My wife\'s H-4 application was denied by the INS. I have recv\'d a verbal note from my employer only on 12/21/2001. I am thinking of having her go to India and get it stamped there, how long can I wait before I can send her to India.

Case background:
I came here in Jan 2001 on a company\'s H1 (which expired on Apr 7, 2001) and my wife and kids joined me in March 2001 using the same H1 for their H-4 stamping (in India).

I moved to a different company in March-April 2001 which sponsored me for a new H1. My application reached INS before the 7th of April and was processed without any hurdles. However, my wife\'s application (revalidation for H4 with the new H1) reached INS only on Apr 11, 2001. INS sent back the application to my employer and my employer (without indicating anything to me) sent a petition to reopen the case at the INS. INS, for some reason denied it and sent a denial letter to my empoyer (sometime around Dec 17-21, 2001).

What are my options???

 

[jaxen]

what was the reason of denial.

All depends on the reason. If it was a "frivolous" or incomplete application you can ask her to go and get the H4 from India. If it was denied because of invalid status, then it is a problem. However this can only be corrected by going to the consulate. She should do it within 30 days (I think it is 30) from the notification date in order to avoid attracting deportation and future denials.