My wife was on J2 and her company applied for her H1 before the J2 expired.AFTER the J-2 expired, but before the H1 got approved,the employer withdrew the I-129.she immediately filed I-539 for COS to H4.Long after she filed the COS, the INS sent a letter saying that the I-129 is now closed as it was withdrawn.
However, about a week back, the INS denied the H4 saying that she was " out of status".
The point to be noted is that, there was a petition always pending at the INS throughout this whole duration.
The attorney feels that it has been wrongly denied by the INS.
and says that he can file either ' motion to reopen' or that she can go to India and get H4 there at the consulate.
Has anyone faced this kind of problem?
What are the advantages and disadvantages of both options: file ' motion to reopen' or go to India.
If ' motion to reopen' is filed, does any one have any idea how long it may take?
Since there is no guarantee that we will succeed, if you feel that it is better to apply at a consulate in India, how much time does she have to leave this country.
Any likely problems for her getting her H4 approved in India and later on, in returning to the US?
We are very tensed up and would really appreciate any replies.
Thanks
However, about a week back, the INS denied the H4 saying that she was " out of status".
The point to be noted is that, there was a petition always pending at the INS throughout this whole duration.
The attorney feels that it has been wrongly denied by the INS.
and says that he can file either ' motion to reopen' or that she can go to India and get H4 there at the consulate.
Has anyone faced this kind of problem?
What are the advantages and disadvantages of both options: file ' motion to reopen' or go to India.
If ' motion to reopen' is filed, does any one have any idea how long it may take?
Since there is no guarantee that we will succeed, if you feel that it is better to apply at a consulate in India, how much time does she have to leave this country.
Any likely problems for her getting her H4 approved in India and later on, in returning to the US?
We are very tensed up and would really appreciate any replies.
Thanks