H1B extension denied, going for H4, is H4 to H1B COS?


(Anonymous) #1

Hi,

H1B denied

my H1B application got denied on 23rd Nov 2018 and I am in the process of leaving the country to get an H4 stamped.

I just learnt that we can still file a no change h1b application to nebraska under premium processing.

The H1 we had filed was under a different role and was a mistake on the attorney’s side.

I was still working in the job role of old h1B application. Can I still apply for that in premium.

Will it be a COS application now from h4 to H1B.
Will that still be a “no change in employment application”.


(Anil Gupta) #2

If you re-enter USA on H4 and then file H1B, then yes, it will be H1B change of status application and you won’t be eligible for premium at this time due to premium processing suspension.


(Anonymous) #3

Can I apply for H1 while in india. The lawyers will need to prepare a new LCA as my old one is more than 3 years old so that will take some time?

Or should I remain in the country for a few more days and try for h1B extension(my 1-94 has expired). If I go for filing of H4 and get it approved is it only in effect on re-enter?


(Anil Gupta) #4

If you stay in US and file for H1B extension, it will be approved (if approved) only with consular processing as your current status is ‘out of status’ after denial and i94 expiry.

I suggest to go out of USA, file H1B extension, wait for result and then decide if you want H4 based on the result.


(Anonymous) #5

Thank you for your prompt replies. So another question from this is that if I get an rfe and I do not want to pursue that and just get my h4 can I withdraw or let go of that application? Will that create problems getting my h4?


(Anil Gupta) #6

Well, you can withdraw the application anytime.

Normally, the H4 stamping should not be affected by H1B denial. I know many people who have got it.