I-539 H4 Denied when filed with H1B transfer

#1

Hi
Last year in September 2019 I decided to switch my job,
I and my wife have valid visas H1 n H4 respectively valid till feb 2021 .

As part of job switch my new employer applied for H1 transfer and also H4 extension .

My H1 got approved in September 2019 itself
But my wife I-539 was in pending state for almost 5 months
And today website shows it was denied ( yet to receive reason)

I am yet to get response from my lawyers …

But given that it’s a Friday and Covid-19 shutdown I will need to wait for some more day s for the response .

Mean while I wanted to know what could be the reason(s) for denial and what would be next steps?
Kindly advise.

#2

I cannot really guess the reason of H4 denial with limited information you have.

It is better to wait for denial letter.

#3

One question tho till I wait … my wife’s I-94 & h4 (before applying for the extension) is still valid till Feb 2021 … that will still hold good rite ?

#4

Existing H4 approval will stay active.

Do you know the H4 extension start date requested while your applied H4 transfer?

#5

In the form I-539 I see:

Part 2 , 3-b section : new status and effective date of change , is left empty

#6

You have requested for ‘extension of status’ and not ‘change of status’.

You are looking at wrong date.

#7

I don’t see any other date related to start date other than above …

Can you tell me which section I need to look at for the start date ?

Also ,
What if they date was not mentioned ? Does it has any significance?

#8

You request start and end date of your extension on form i539. USCIS can’t guess the dates.

See these sample i539 for H4.

#9

I can only see end date requested
Page 2 part 3 Q1
I/we request that my/our current or requested status be extended until :

For which we have filled 09/17/2021

BTW
I just have 1 H4 application , but I see my lawyer in
part 2
Have checked 4 ( I am the only applicant )
And in addition have Q 5b. Box filled with 1 .

#10

@Anil_Gupta :: I got the letter and it states::

petitioners for application to extend/change status status must complete and properly fill Form I-539N will all initial evidence required by the instructions.
2 sections were states::
8 CFR, section 103.2(a)(1)
8 CFR, section 103.2(b)(8)(ii)

The I-539N you submitted did not include any initial evidences or supporting documentation.
The I-539N you submitted did not include any initial evidences in compliance with the regulation.
As such you have not demonstrated eligibility for the benefit sought. As a result, you Form I-539N is denied.

#11

This means that you did not submit any documents to prove you are dependent of H1B visa holder.

Did you submit existing H4 visa or H4 i797?
H4 i94, marriage certificate and passport are some of the initial set of documents you need to send.

#12

I remember submitting previous I-94, H4 visa , marriage ceritificate …
thanks for letting me know what exactly initial documents are …

I will check with the lawyers what all info they submitted.

#13

Sure. It looks like attorney may have missed some critical document.

Check with them and if they had sent everything correctly, you can challenge the USCIS decision.

#14

sure … thanks …
just in case they missed anything … can the resend it and consider to reopen ( i think the letter says so, but just wanted to check again)?

#15

You have to follow the instructions on the letter. Usually, USCIS may not allow if they have already denied.

#16

oh oh …
But on the letter i see this

This decision may not be appealed. However, if you disagree with this decision, or if you have additional evidence that shows this decision is incorrect, you may submit a motion to reopen or a motion to reconsider by completing a Form I-290B, …

#17

That’s for extra evidence.

Your application has been denied based on the new rule that USCIS announced which allows them to deny if you do not send initial evidence with your application.

I still suggest to talk to your attorney and then decide the next step. I can only guide based on what limited information you are sharing here. There may be more to it which you have not shared.