I539 Rejected

P

preeti_c

New Member
Recently my husband h1b company applied for my h4 extension ..But they got the letter saying that

"my I129 application has been approved but consulate notification was requested .Therefore your application based on derivative status cannot be approved and is hereby denied "

A denial of and I-539 application may not be appealed, but an applicant may file a motion to reopen or reconsider under 8CFR 103.5 .A motion to reopen or reconsider an application denied must be filed in writing and signed by the affected party or the attorney or representative of record and accompanied with a fee of $110.00 within 30 days of the decision ."

The company hided this letter for 6 months and forwarded recently . My I94 and visa for h4 is valid until 2005 dec .What should i need to do in this situation .

- This denial makes me out of status ?
- Do i need to leave USA for getting visa stamping ?

Thanks in Advance
 
Recently my husband h1b company applied for my h4 extension..But they got the letter saying that

"my I129 application has been approved but consulate notification was requested .Therefore your application based on derivative status cannot be approved and is hereby denied "

------ But for H4 extension Form I-539 is filed, did you file I-129? How it is possible? I-129 is filed for H1 or H1 transfer or H1 extension and for H4 extension Form I-539 is filed. I am missing something here

The company hided this letter for 6 months and forwarded recently.
---- That was bad on lawyer or company part

My I94 and visa for h4 is valid until 2005 dec .What should i need to do in this situation .


----------- If your H4 Visa is valid till 2005 then what was the reason to apply H4 extension at this time? One can only file H1 or H4 extension 6 months advance of H1 or H4 expiry date? We need the detail why your H4 extension was filed

- This denial makes me out of status?
Your I-94 is valid and it should be valid till your spouse had H1 status, I hope he has H1 status till 2005 and you got H4 status based on your husband H1, if you have valid I-94 till 2005 you are not out of status
- Do i need to leave USA for getting visa stamping?

------ First you posted that you have H4 VISA (VISA means Visa sticker in passport) if you entered US on H4 status with H4 Visa and your I-94 is valid why do you need new VISA stamp?
Something is missing in your story need more info
 
Thanks for the reply

The exact letter info is

This Office has recieved a timely application for extension of status under the applicable regulations of the immigration and Naturalization Service at 8 cfr 214 .

Your Spouse 's petition form I129 has been approved but consulate notification was requested .Therefore your application based on derivative status cannot be approved and is hereby denied "

A denial of and I-539 application may not be appealed, but an applicant may file a motion to reopen or reconsider under 8CFR 103.5 .A motion to reopen or reconsider an application denied must be filed in writing and signed by the affected party or the attorney or representative of record and accompanied with a fee of $110.00 within 30 days of the decision . A motion to reopen or reconsider must state the new facts to be proved or reconsidered and must be supported with affidavits or other documentary evidence and any pertinent precedent decisions ."

My husband changed new company after they filed his h1b extension and they filed my h4 extension ( I came to know HR department applied for H4 extension ) .I dont how they filed and finaly i got this letter .My husband got his h1b approval .

But my husband and me got I94 and visa ( stamp on passport ) until 2005 which is based on previous company .


Question :

Since this I94 and Visa stamp is from previous company and my husband is working for new company which got my I539 denial ..will this make me out of status ..

If it makes me out of status what are my options to stay in USA ?
 
Since this I94 and Visa stamp is from previous company and my husband is working for new company which got my I539 denial ..will this make me out of status

----- NO, as you have valid I-94, you should also talk to good lawyer
 
Ginnu,

I posted a query in another thread where my wife's I-539 got an RFE asking her to prove her relationship with <xyz> where I dont know who <xyz> is. Remember ?

My H1 stamp expired 05/01/2003 and so did the H4 stamp for my wife.

My latest approved I-797 and I-94 that comes along with it is valid till 07/16/2004. this is through my previous employer.

My current employer filed for my H1 transfer in November.
They filed for My wife's H4 on 01/15/2004.

As per your reply to Preeti, one can file for H4 extension only 6 months advance of its expiry.

Question:

I think I'm fine since I changed employer and they had to file for H1 transfer. But my question is, will my wife's H4 be in trouble since she filed more than 6 months in advance(just one day more)

Your reply is appreciated !!!

Thanks
 
I think I'm fine since I changed employer and they had to file for H1 transfer. But my question is, will my wife's H4 be in trouble since she filed more than 6 months in advance(just one day more)
----- no problem
 
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