H1/H4 processing question. pls help!

[zachdee]

Hi! I was filed by a company for an H1-B visa while we were in the US and my husband was filed for an H4. My case was already approved but I was asked to go back to our homeland because my (and my husband's) I-94 will expire September 2006. I already got an approval form from the embassy but my husband didn't receive any yet, just a pending case. But we still had to go home (because of I-94). Just recently we got a letter sent in our address in the US stating that he got denied because he went back home. Now we are confused as to what to do. Is this a denial for a CHANGE OF STATUS? or is the petition itself denied?

And by the way, we were filed for a CHANGE OF STATUS but it was stated in the approval letter that they cannot grant this and that we have to go back home and have our visa stamped here. Any help? Thanks!

 

[waitin_toolong]

In your case you will have to go to the conulate to get H1 visa and since you did not get COs your husband would not get his H4 being dependant on you. Unlike H1 H4 does not require a prior approval from INS just like B1. Both are obtained at the consulate. So when you take an appointment for your visa make it a joint appointemnt with your husband, he will get H4 then.