H1B Transfer Denied due to SOC code 15-1121-Computer systems Analyst

USA H1B Visa
#1

Hi Anil,

My husbands H1B transfer got denied Oct 29th(today). His previous I-94 with old company was valid till Nov 17th 2018, but we just found out that the old h1 was revoked by previous employer on October 10th, 2018. Im on H1B with recent extension approved till 2021 and i also have my i140 approved. Can you please suggest options for us?

  1. Convert to H4. Fastest way we are thinking is to go for stamping directly and get h4 stamped. Come back and then apply for h4ead. Are there any risk leaving country and getting h4 stamped at his time or should we stay here and apply h4.
  2. What are the current processing times for h4 and h4ead?
  3. Can both h4 and h4ead be applied at the same time? how do we do that? We already started filling ds-160 form for h4 stamping in india but want to ask how does the h4 ead process of applying come into picture in this scenario?
  4. if we apply from here, what is the processing time to get h4?

Please advice. Waiting for your response.

Meghana

#2

H4 stamping outside USA is the fastest - Recommended

I would strongly recommend to get H4 stamping done outside USA and then enter USA with H4 status. This is the fastest way to get on track.

At this time, H4 change of status is taking very long time.

H4 Change of Status application needs valid status at application time

Also, you cannot apply for H4 change of status as your husband is already out of status from tomorrow on-wards.
For change of status application, you have to be in valid status at the time of application.

Get H4 status and then apply H4 EAD

Your husband can get H4 by going outside USA and then when he is back in USA, you can file H4 EAD with valid H4 status.

Issues with H4 Stamping

There are no issues with H4 dependent that i know of. it is simple Visa interview and your husband may even be eligible for dropbox.
Check Dropbox eligibility with our app here:

H4 EAD processing time

#3

Thanks a lot Anil for your quick response. I really appreciate you taking time to respond to our queries.

One follow up question-
My husband has booked ticket for wednesday. Do you know how long can he stay in usa. He will just be here for one day(tomorrow) and leaving on wednesday.

#4

Upto 10 days is fine. USCIS understands that a person needs time to go out of USA in these cases. So, no need to worry.

Legally, he is out of status immediately after the date of denial though.

1 Like
#5

Thanks a lot Anil for your prompt response. We are so glad to find your website for help.

1 Like
#6

Hi Anil,

Do you by any chance have complete checklist of documents for h4 stamping in india?

Thank you,

#7

Here you go:

1 Like
#8

Thanks a lot Anil!! We really appreciate people like you taking time to help others.

1 Like
#9

You are welcome. Let me know if you need more information.

#10

A post was split to a new topic: Change US embassy after filling DS 160 - Schedule appointment in Different city

#12

Answered here: