Re-enter USA on H4 after H1B extension denied?
Is it good Idea to leave country before a decision is made on the pending H1b extension and reenter if the petition is approved ?
If we are on 140 past 6 yrs of H1, what is the impact if we leave country.
Some say we have to do consular processing what is it?
Is the NTA issued for H1B valid on H4 status?
In case if we stay here after i94 expiry and if H1B extension is denied if we leave immediately and enter back USA with H4 visa.
Can the NTA issued for H1 be faced on H4 status?
USCIS legally allows to stay and work in US if your H1B extension is pending up-to 240 days after i94 expiry. After 240 days, if the extension is still pending, it is recommended to leave US and wait for result outside.
Consular processing: Simply means get your visa stamped at US embassy outside USA.
Once you leave USA and your extension is still pending, USCIS will not issue new i94, if your application is approved.
In this case, you have to visit US embassy outside USA and get the visa stamped in your passport to re-enter USA.
This is called ‘Consular processing’.
NTA issued on H1B status, Can re-enter US on H4?
An NTA can now be issued for the case where i94 has expired and your H1B extension is denied. This is what USCIS has changed in their new policy.
Well, if an NTA is issued, there is no restriction on changing of status to H4. You can re-enter USA on H4.
But, the NTA, if issued, has to be taken care in immigration court. You have to appear in court and explain your points for judge to make a decision on your case.