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.
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 .
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.
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)?
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, …
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.
Hi Arvind,
Can you please suggest what steps you took to resolve this issue. Did you sent your dependents India or things got fixed while they staying here. My situation is same where I changed the employer and my wife’s H4 extension got denied, while my H1B approved.
Any suggestions will be helpful.
Hey Sai, can you please suggest what you did with your H4 denial. My wife also got 1 today still waiting for actual notice in mail.
Do we have any option to respond while staying in states.