I am on H1B visa and I recently changed employer here. With my previous employer the H1B extension was in progress and in the meantime a transfer was initiated. Both the H1B (extension and new employer transfer) were approved but the H1B extension with previous employer was revoked some time later causing denial to my wife’s H4 & H4-EAD denial.
We have received the letter from USCIS today stating that the H1B application was revoked hence the H4 & H4 EAD got revoked. Both letter states the decision cannot be appealed but can file for Form I-290B Notice of Appeal or motion within 33 days of the denial notice.
I do not have the approved petition copy for my previous employer but do a screenshot of USCIS website for the case status approved. Also I have the latest H1B transfer approval petition with me.
Also, the current H4 extension filed during H1B transfer to new employer is in progress and awaiting to get bio-metrics appointment.
Below is the detailed timeline.
Nov 27, 2019 - H1B, H4 & H4-EAD extension filed
Apr 28, 2020 - H1B transfer initiated along with H4 extension with the different employer
June 8, 2020 - Joined the new company
Jun 24, 2020 - H1B extension approved for previous company
Jun 26, 2020 - First SR raised with USCIS for H4 and H4-EAD to be processed since the H1B extension was approved.
July 30, 2020 - Second SR raised with USCIS for H4 and H4-EAD for processing.
Aug 14, 2020 - Approved H1B of previous company got revoked.
Aug 17, 2020 - Called USCIS but since the decision was pending on the previous SR no new SR was created.
Sep 21, 2020 - H4 and H4-EAD denied since the H1B from old company was in revoked status.
Please help me to know on the next steps here and path forward. Thanks a lot in advance!
Hello @Anil_Gupta sir,
Kindly please help me in the case here. Can I file for I-290B to reopen the case for H4/H4-EAD approval? Or should I file for a new H4-EAD case with USCIS. Thanks!
You have not mentioned the most recent H4 i94 expiry. If H4 i94 is still valid, then you can just continue to wait for pending H4 transfer.
Thanks for the response @Anil_Gupta
The H4 i94 has expired on 12/19/2019.
Should I re-open the case for previous H4 and H4 EAD denial or should I file for a new H4-EAD ?
@npatil - We are in the same boat. Wanted to check did you file I-290B? did you get any status update on pending H4 extension filed with new employer’s H1B?
@Vijay_T, I am facing same issue as you did? What did you do? I 94 has expired old H4 rejected but new H4 applied for
@Rahul_Shah - Sorry to hear that, I know its very frustrating and worst thing to go through. Is your new H4 filed case is extension of rejected case? or fresh H4? (in my case it was H1 to H4).
Here is our case update, it might help others as well.
Ours was extension, so after checking with few attorneys and online comments we were certain new case would also get rejected. We planned travel and stamping during peak covid time by securing very tough to get slots during Jan first week of 2022. Simultaneously we filed for I290B Motion to Reconsider. before traveling to India. Stamping was done my wife came back, then after 2 months I290B also got approved, both previous rejected H4 and EAD got approved.
Thanks @Vijay_T . Thats good to know and congratulations. My wifes case is also an H4 extension (stay in H4) which got denied. I was thinking of going the same way (based on my lawyers inputs) i.e. file 120B Motion to Reconsider, but we cant stay here and risk being out of status too long (> 180 days) and so also planning to go to India and get stamping done there. Just hope that I get the dropbox slots
Yes, even we were very much confused about travel and 180 days. We decided travel and filing I 290B ourselves. I290B timeline depends on case to case basis, you cannot even raise expedite request for I290B that is something forced us to plan for travel.
Thanks @Vijay_T, so you filed I120B yourself without help of any lawyer? I would certainly like to know if it easy. I can check online myself. What did you give as proof that it should not have been denied in light of the new I-129 (H1 approval)? Also did you travel immediately? Within how many days of getting the denial? My lawyer says travel ASAP and so just wondering
Sorry for the 20 questions