H4 Denied ... Please Help!!!!(URGENT)

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poppyjoy

Registered Users (C)
My husband completed his six years in H1.We applied for a H4 for my husband based on my 7th year H1 extension. But the application has got denied stating that a person can stay in US only for six years inclusive of the H1/H4. The strange part is the law office forgot to inform us about the rejection and it is almost 3 months now. Could we appeal again.I have a valid extension till Jan 2005 and my daughter is a US citizen.

Can we sue such lawyers. The lawyers are just apologizing for the mistake.. This is a huge mistake from the lawyers part. We are the victims.. Atleast we could have appealed if we would have known this three months back.

Please help.

Thanks
 
poppyjoy said:
My husband completed his six years in H1.We applied for a H4 for my husband based on my 7th year H1 extension. But the application has got denied stating that a person can stay in US only for six years inclusive of the H1/H4. The strange part is the law office forgot to inform us about the rejection and it is almost 3 months now. Could we appeal again.I have a valid extension till Jan 2005 and my daughter is a US citizen.

Can we sue such lawyers. The lawyers are just apologizing for the mistake.. This is a huge mistake from the lawyers part. We are the victims.. Atleast we could have appealed if we would have known this three months back.

Please help.

Thanks
Click to expand...
------ your lawyer did a mistake
read:
Family Members Eligible for H-4 Extensions beyond Six Years

The Yates Memo further asserts that derivative family members are eligible for H-4 status for the same period of authorized stay granted to the H1B status holder. In a particularly favorable interpretation that is in keeping with the BCIS' goal of maintaining family unity, Mr. Yates goes on to explain that a person who has held H1B status for a full six years, but has a spouse who is also in H1B status and eligible for one-year incremental extensions, may change his/her status to H-4 status under his/her spouse's H1B and be eligible for the one-year incremental extensions of H-4 status. While the H-4 extension is available, the H1B extension for that person would not be available unless s/he had his/her own, independent qualification for one-year incremental extensions.
visit the link:
http://www.murthy.com/news/UDh121st.html
 
can we file a petition again ????.Because we got the denial notice in May and it is almost 3 months now ..

Any suggestions ...

Thanks
 
poppyjoy said:
can we file a petition again ????.Because we got the denial notice in May and it is almost 3 months now ..

Any suggestions ...

Thanks
Click to expand...


I'd suggest that you file a request to correct a service error with the Service Center Director. It might work. It's the only way I know to get around the deadline to appeal or request reconsideration.
 
Has anyone been in a similar situation. I went and met the lawyer.. They are not sure as to what needs to be done.
They are giving these 2 options
Option1)
The online status still shows that the application is pending and so my lawyer is going to act as if she never received a petition.

Option2)
Go to India and stamp based on my H1 petition.

Option3)
File my 8th year petion and file another h4 ...

What do you think ...

Please help......

Thanks in advance
 
poppyjoy said:
Has anyone been in a similar situation. I went and met the lawyer.. They are not sure as to what needs to be done.
They are giving these 2 options
Option1)
The online status still shows that the application is pending and so my lawyer is going to act as if she never received a petition.

Option2)
Go to India and stamp based on my H1 petition.
----May be OK
Option3)
File my 8th year petion and file another h4 ...
----- better if your H4 spouse still has valid I-94
What do you think ...

Please help......

Thanks in advance
Click to expand...
 
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