I -140 denied , Do I need to get H4 visa stampped?

C

cj10

Registered Users (C)
Dear friends need your help please:
I am on H4 status(I think/I-485) and my husband is on H1 and he is maintaing the status all the times, recently his I-140 has been denied. Now I do have H4 approved notice but I used AP last time when I entered USA. our attorney is going to withdraw the I-485 application since I-140 is denied. Do I need to go out of the county and get H4 stamped on my PP or am I fine as I have H4 notice approved till March 2005 ?
Please advice and share your experince...I appriciate your help !!

Thank you every one ,
cj10
 
cj10 said:
Dear friends need your help please:
I am on H4 status(I think/I-485) and my husband is on H1 and he is maintaing the status all the times, recently his I-140 has been denied. Now I do have H4 approved notice but I used AP last time when I entered USA. our attorney is going to withdraw the I-485 application since I-140 is denied. Do I need to go out of the county and get H4 stamped on my PP

or
am I fine as I have H4 notice approved till March 2005 ?
----- if you have H4 extension approval and you have I-94 attached with approval notice till March 2005 and H4 Ext was approved after your last entry then you are file , it is the latest I-94 that rules
Please advice and share your experince...I appriciate your help !!

Thank you every one ,
cj10
Click to expand...
 
First of all, why is your lawyer withdrawing I-485, there is a way to appeal I-140 denial. Search in the forums and you will get enough examples of people who have appealed I-140 and/or I-485 denials and got approved.

Regarding H-4, if you do not appeal, then by using AP to enter the US, your visa is no longer valid. But as Ginnu has mentioned in the reply that if H-4 was approved after you entered on AP, there may be a chance, I am not sure about that.

Talk to your lawyer and get your /spouse's I-140 re-opened.

EricS
 
Thank you for your prompt reply. My H4 approval notice has I-94 attached until Mar 2005 and was approved after I came back from India. That means I am OK.

Erics , thanks for the advice but there is no point to appeal on I-140 because his employer' attorney filed wrong LCA at the first place. It does not match with his education at all. They have filed new RIR now.
Thank you guys,
 
cj10 said:
Thank you for your prompt reply. My H4 approval notice has I-94 attached until Mar 2005 and was approved after I came back from India. That means I am OK.
----- you are OK and take out the I-94 from H4 approval notice and attach it in your passport ( your passport will have 2 I-94 attached one that you got at POE white color and the other I-94 that came with H4 extension approval attached at Lower Right side of approval ( always keep the copy of all the I-94 front and back for future record in your Immigration file
Erics , thanks for the advice but there is no point to appeal on I-140 because his employer' attorney filed wrong LCA at the first place.
----- LCA is filed for H1, for I-140 it is LC
It does not match with his education at all.
--- it means the lawyer who filed is a big fool, you cant go for appeal in such case
They have filed new RIR now.
Thank you guys,
Click to expand...
 
Hi

My h1 expired and I 140 denied notice came and my husband has a valid h1 - is there a way I can get H4 for me and my son staying in USA ? or going to Canada ? Please help me as my son have exams ?! whats the easiest way to get H4 to stay back here

Deepa
 
If your i-94s are still valid, you can file for a COS, If not, you will have to exit and reenter with valid stamping as long as you have not incurred a ban.

(Please start your own thread next time you have a question.)
 
You must log in or register to reply here.
Top