Hi...need some advice here.
My husband was laid off January 1st 2004. He was on H-1 with the previous employer and H-1 expires on February 5th 2005. Now, he is back in China working for another company (he went back China on January 22nd 2004).
I'm still on his H-4 which also expires on February 5th 2004. I'm currently still in the USA. The reason is that I filed for a H-1 petition on January 25th 2004. While he was laid off, I had an opportunity to work for this company who is willing to sponsor my H-1.
Bad news is that yesterday I received a letter from UCIS dated April 8th that my H-1 is rejected and one of the paragraph reads like this "The beneficiary may remain in his current status until the expiration date indicated on Form I-94. Should the beneficiary fail to maintain her nonimmigrant status, or her status expires, they must depart United States........"
Questions :-
1) Since my husband is laid off on January 1st 2004 and now that my H-1 is rejected, do I have to leave United States? Are there options in which I can still stay here legally?
2) If I appeal within the 30 days period, can I stay here legally assuming that the case is still pending?
3) If I file another H-1 again with another company while waiting for the decisons, can I stay here legally?
4) If my husband wants to come back to visit me, can he still use his H-1 (as it hasn't expire) even though he is no longer an employee with that previous company? Or he should just apply for visitor visa?
5) If I've been rejected before, will the rejection record ever affect the officer's decision in rejecting future applications that I plan to file, e.g. H-1, green card, etc..?
My husband was laid off January 1st 2004. He was on H-1 with the previous employer and H-1 expires on February 5th 2005. Now, he is back in China working for another company (he went back China on January 22nd 2004).
I'm still on his H-4 which also expires on February 5th 2004. I'm currently still in the USA. The reason is that I filed for a H-1 petition on January 25th 2004. While he was laid off, I had an opportunity to work for this company who is willing to sponsor my H-1.
Bad news is that yesterday I received a letter from UCIS dated April 8th that my H-1 is rejected and one of the paragraph reads like this "The beneficiary may remain in his current status until the expiration date indicated on Form I-94. Should the beneficiary fail to maintain her nonimmigrant status, or her status expires, they must depart United States........"
Questions :-
1) Since my husband is laid off on January 1st 2004 and now that my H-1 is rejected, do I have to leave United States? Are there options in which I can still stay here legally?
2) If I appeal within the 30 days period, can I stay here legally assuming that the case is still pending?
3) If I file another H-1 again with another company while waiting for the decisons, can I stay here legally?
4) If my husband wants to come back to visit me, can he still use his H-1 (as it hasn't expire) even though he is no longer an employee with that previous company? Or he should just apply for visitor visa?
5) If I've been rejected before, will the rejection record ever affect the officer's decision in rejecting future applications that I plan to file, e.g. H-1, green card, etc..?
