H4 was rejected.

N

now_what_to_do

Registered Users (C)
Hi,

When my H1 was extended for the second term, my company just forgot to apply for my wife's H4. When I questioned them casually about it, they said that I had to take care of that myself. In fact, by then we were already beyond her valid date. We applied nevertheless, but after nearly 200 days of inaction, we got a rejection notice. They say H4 petition has been rejected because valid reason was not given for the delay in filing.

Please advise.
 
If she does not leave the US and tries to request reopening the decision,is there anything in particular that we should know?

Is there anyone out there with similar experience ?
 
now_what_to_do said:
Hi,

When my H1 was extended for the second term, my company just forgot to apply for my wife's H4. When I questioned them casually about it, they said that I had to take care of that myself.
---that was correct your wife needed to apply for extension of her H4 with form I-539 or you could have paid the lawyer to file her H4 ext with your H1.
In fact, by then we were already beyond her valid date. We applied nevertheless, but after nearly 200 days of inaction, we got a rejection notice.
----- It means she stayed more than 180 days AFTER her I-94 expired and that stay is illegal and 3.10 bar starts, contact good lawyer ASAP
They say H4 petition has been rejected because valid reason was not given for the delay in filing.
---contact good lawyer ASAP and seek legal advice, your wife is staying illegaly in US
Please advise.
Click to expand...
 
now_what_to_do said:
Hi,

When my H1 was extended for the second term, my company just forgot to apply for my wife's H4. When I questioned them casually about it, they said that I had to take care of that myself. In fact, by then we were already beyond her valid date. We applied nevertheless, but after nearly 200 days of inaction, we got a rejection notice. They say H4 petition has been rejected because valid reason was not given for the delay in filing.

Please advise.
Click to expand...

What date did her H4 (I-94)expire?

What date did you file the extension for her H4? What is the RD and ND for this petition?

What is the date on the letter received from USCIS denying her H4?
 
keeping ur status legal is ur responsibility not lawyers.
now that the milk is spilled it appears that ur wife has been out of status since Dec 13 2003.

Now if you had filed for ext with a cover letter stating why there was a delay in filing for extension it might have helped.

Right now the things are serious and rather than wasting time on this forum u need a damned good laywer to help you.

If u have already filed for I-485 etc then there may be some hope, but the longer time passes, it looks like that ur wife could be subject to 10 yr rentry bar.


As for RD and ND... they are Receipt date, notice date from the receipt for filing of I-539 that USCIS must have sent to you.
 
Seeing lawyer thursday .

Thanks for all the advice guys. We are seeing a lawyer this Thursday and getting his opinion. Will post what he says.
 
waitin_toolong said:
ur wife has been out of status since Dec 13 2003
Click to expand...

PERSONAL OPINION ONLY.

(I have come across a similar case about 3 years ago, though H4 was applied within 4 days of previous visa expiry)

I would like to differ.Even though there was a delay of about 2 months in filing for H4,I think she would be considered to be out-of-status from the date USCIS denied her H4 petition.In this case, she should leave US immediately/ as soon as possible / BEFORE 180 days from the date of denial.

I guess it is not yet too late for her to be considered for the 3 year bar.

The earlier she leaves US, the better. USCIS may forgive this brief period in future applications.

However, since you are meeting with a lawyer, make sure he/she is very good and that you may not have to seek any second opinion.You just cannot afford to waste more time.

Do let us know what happens.


Afterthought:

Once USCIS accepts a petition and issues the Receipt Notice, the applicant can stay in the US till it is adjudicated. In this case, USCIS did accept her H4 even though there was a gap of about 2 months.

Any different opinions BEFORE Thursday?
 
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The USCIS might take the position that one is out of status from the date of the I-94 expiration and not the date of denial. Did you use a good lawyer in Feb when you filed your wife's H4 extension? When you knew about the delay you would have done your homework that should have informed you of the 3 or 10 year bar. One gets the feeling you have been frivolous. Anyway, you should get a very good lawyer now, and not settle for someone because he/she is inexpensive. Ask specifically if he/she has handled these types of cases, and how many, and what were the results. There are some limited exceptions to the 3 or 10 year bar, but those are highly unlikely to apply to your case.

BTW if she has any visa unexpired visa stamp on her passport, that is automatically voided as well.
 
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