H1B Denial - H4 Status?? Plz Help

H

howdy_frds

Registered Users (C)
My wife was on H4 visa (expires in 2006) and she applied for an H1B in 2004. However, her H1B applications got denied recently. I would appreciate your response to the following –

1. Does the H1B denial impact her H4 status in anyway i.e., is her current status still H4?

2. If her status does get impacted and she no longer has H4 status how can she revert back to H4?

3. If she chooses not to appeal or MTR, can she file again with the same company and same position? If she can’t file for the same company, can she file with a different one?

4. How much time does it take if she chooses to appeal? How much time for MTR?


Your responses would be greatly appreciated.
 
howdy_frds said:
My wife was on H4 visa (expires in 2006) and she applied for an H1B in 2004. However, her H1B applications got denied recently. I would appreciate your response to the following –

1. Does the H1B denial impact her H4 status in anyway i.e., is her current status still H4?
--- she is on H4 status
2. If her status does get impacted and she no longer has H4 status how can she revert back to H4?
----- she has H4 status
3. If she chooses not to appeal or MTR, can she file again with the same company and same position?
-do you mean H1?
If she can’t file for the same company, can she file with a different one?
------- All depends why the USCIS denied the H1, provide the reason
4. How much time does it take if she chooses to appeal? How much time for MTR?
----------- what is the reason for denial? if you post then others can understand if case is appealable or not

Your responses would be greatly appreciated.
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Thanks for the response. The visa was declined because the lawyer sent a fresh LCA in response to a query from USCIS rather than sending the LCA obtained before filling the H1-B petition. Please let me know your thoughts.
 
--- your wife is on H4 status
--------- her employer need to file again if she needs H1 that should be filed Change of status from H4 to H1
---- no appeal or MTR as it is lawyer mistake
** file H1 only if employer has job any file H4 to H1 and then they dont have job and go out of status
 
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