H1 and h4 extn filing date : 3rd Jan 2020
RFE recd = 27th March 2020
H1 case was withdrawn status stated on website on 18th June 2020 (it was not requested by the eMployer so its a system glitch by uscis)
Meanwhile RFE response was submitted through mail before that ,so the case status was automatically changed to RFE response recd on 22nd June 2020.
H4 denied = 11th August 2020
Reason for denial in notice = h1 was withdrawn
Important: I94 expired on May 2020
So my husband’s employer raised a service request on h1’s status for which the reply from uscis was h1 status is active.
I don’t want to travel to India in a pandemic situation like this since I had a 5 month old baby and a 7 yr old kid.
What are the options available for me?
- my husband’s employer suggested MTR but we have to do by ourselves since h4 is a courtesy application.
- My I94 has expired , so if MTR gets approved , the days which I spent in USA out of status will it be adjusted?
- I m in US right now, can I wait for another 2-3 months before MTR decision comes up or shall I leave USA?
Your insights are highly appreciated!
You can file MTR and stay in the US. H4 is a safe application.
I don’t see any reason for denial if H1B is not denied.
Your time spent in the US will be legal if MTR is approved.
Thanks for your prompt reply sir! Your response was a big sigh of relief. We were also planning to do the same. But only thing that worries me is the MTR processing time. If the response comes before 180 days from the date of my denial , that would be great for me! If not , I don’t see any options left rather than traveling back since my i94 has also been expired.
I am in H4, i am also facing same issue they have withdrawn my h4 ,my spouse h1b got approved. No one requested for withdrawal of H4 .Could you help please let me know how your issue got resolved what are the steps you have taken? thanks
Hi ! We have applied for MTR as per Anil sir’s advice. Our attorney have also suggested the same. You can also go for MTR or else if your I 94 is still valid , I think you can file for a new h4. I’m no expert in this, plz seek some legal advice before going ahead with any your decision. Good luck buddy!
Hi everyone, my visa has got approved …yay! Thanks to Mr.Anil sir for his valuable suggestions.