Options if H4 is Denied

Hi Anil
I called in Enquiry about my I-539 Application they said they will raise a request and I will get an email from USCIS about the case status

I got below message from them today

1.)
“The status of this service request is:

On 03/23/2020, you or your representative contacted USCIS concerning your I-539 to notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved.

Your case is currently being adjudicated. You should receive a notice of action* within 45 days.

*A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice , Request for Evidence, or Notice of Intent to Deny.

“We hope this information is helpful and appreciate your continued patience.

2.) What are the other options we have if just in case H4 Denied

I can’t answer until you share your case details and your current situation with i94 and validity of primary spouse’ H1B visa.

Do you get USCIS response in your personal email ?? Our attorney raised and got response for the same!!? I am also in Same boat!! Raised a service request and waiting for the response now!!!

Hi Anil
I have 2 Applications ( I-539, I-765) still under process both were applied in July & Aug Months 2019. , I called USCIS about both applications
For I-539 they said Case is Adjudicated you will receive the notice of action within 45 days
2.) For H4 EAD Card they said pending at security checks

My I-94 is expired on Jan 11 , 2019
My wife H1B is valid till 2022

Hi Jeya
Can you explain you situation in detail
When you applied and what response you got

That’s Typo error of OUR instead of OR…

I am waiting for response still for my H4 from Uscis through my attorney…

My question was — can h4 beneficiary get a service request response from USCIS to our personal email?? Or do we need to rely on attorney as per h1b beneficiary which they can’t directly get a response from USCIS ( only attorney can get it)

H4 is a personal application and if you choose the correspondence address as your email while filling the H4 application, you will get emails.

Can you help on this ??

What kind of help do you need? I am already answering questions as per my best information.

**You Replied **

I can’t answer until you share your case details and your current situation with i94 and validity of primary spouse’ H1B visa.

In regards to your response if H4 Denial happens i replied in below , Can you help for this

Hi Anil
I have 2 Applications ( I-539, I-765) still under process both were applied in July & Aug Months 2019. , I called USCIS about both applications
For I-539 they said Case is Adjudicated you will receive the notice of action within 45 days
2.) For H4 EAD Card they said pending at security checks

My I-94 is expired on Jan 11 , 2020
My wife H1B is valid till 2022

Why do you think your H4 will be denied? H4 is a safe application and chances of denial are low if H1B is approved.

H4 denied this Monday though my Spouse’s h1b approved 3 months back?. What are my options to stay legally in USA?? Can you assist…?.

Options can be suggested only if you share details.

Reason for denial and what’s your i94 status?

I am in h4 and I94 expired on May 31, 2020.

I applied h1b through consultancy and h1b got approved in 2019 lottery though change of status from h4 to H1b not approved… we got i797b approval with consular processing…

In h4 denial notice , USCIS mentioned as your h1b approved in Oct 16, 2019 and you are in h1b status legally and they mentioned the I94 end date as September 2022…

Denial reason is Timely filling of h4 extension and maintenance of status…

We filed h4 extension through spouse employer due to his job change to another state on July 10, 2019 as we are not aware of h1b picked in lottery or not at the time of filling…

So what’s the options now?. I feel that USCIS denied in error… can I go for MTR by filling form i290b!,

Hope there won’t be any issues with existing h1b approval…

It does look like an error from USCIS. You can file an appeal.

Perfect… appreciated for your response!!

Can you advise on my additional clarification?? Will it affect my previously approved H1B with consular processing in 2019 lottery…?? Kindly provide your assistance!!

Each application is separate and does not affect each other.

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If we file an appeal , do the stay in USA is legal till we get response from USCIS.?

Can you suggest any options?

My i94 got expired in 05/31/2020 and H4 Denied on 06/08/2020…

we have 9 weeks old newborn who does not have Passport and OCI. Can we convert her status to B2 Visa in premium or any alternative options?

My Spouse Employer is asking dependents to travel and do H4 Visa Stamping to reenter USA. Need your inputs for next steps.

You can stay in US as long as the appeal is pending.

You cannot file US visa for US born kid as he is a US citizen by birth.

Wait for his passport if you want to travel out of US.

Perfect… hopefully mtr appeal will be approved…

If it’s rejected, my unlawful presence considered from h4 denial date??

How I will get to know about MTR appeal ?? Do we have any option to track them online as same as normal receipt notice…

Can you give some insights as am not sure about MTR process??