H4 application denied, need help!

sdsdsd

New Member
Gurus, I need your opinion. We applied for I140 and I485 last September (09/2004), both are still pending. My wife applied for H4 last November. Her opt would expire this February. While her H4 application was pending, she took a trip abroad. Now the H4 application is denied this March.

She still can come back to States using AP. The question is if she still can apply change of status to H4 after she came back? What should we do? Thanks in advance for your help!
 
sdsdsd said:
Gurus, I need your opinion. We applied for I140 and I485 last September (09/2004), both are still pending. My wife applied for H4 last November. Her opt would expire this February. While her H4 application was pending, she took a trip abroad. Now the H4 application is denied this March.

She still can come back to States using AP. The question is if she still can apply change of status to H4 after she came back? What should we do? Thanks in advance for your help!

Very rarely H4 get denied. Which service center and what is the reason?
 
The case was denied because of two reasons: 1. It said that our application for change of status was not filed timely, which is not true at all, because my wife's opt was to expire in February of 2005, and we submitted our application Novermber of 2004. 2. It said that since my wife was outside the country, it was automatically considered to abandon the application. Because my wife went abroad when H4 application was still pending, I believe this is the real reason why the application was denied. Do you have any idea if we can restart the filing when she comes back, or any other way to get her status back to track? Thanks very much!

great guru said:
Very rarely H4 get denied. Which service center and what is the reason?
 
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