H1B Approved , Change of status from f2 to h1b denied , Like i129 denied.

Hi Friends,

I got my H1b Approved while I was in India in Oct -2016 . However, I did enter US using a Dependent visa F2 in Feb - 2017. Later I got a Job and I applied for a COS from F2 to H1B from same employer. Then I got an RFE for which I have responded. later they denied my I129 for which I get my reasons in 2 - 3 days. Now I have few clarifications .

If i129 is denied, does is it mean my H1b is denied ? Or else, I am still eligible to file a new petition with my new Job.

Meanwhile, My Husbands H1 got approved in October for which I was not applied as dependent as my H1b COS was in Process. Now, Do I have to immediately apply for H4 ? How many days of time will I have to apply for the H4 COS ?

I appreciate your help on this. I am really worried about my status ?


What status is your husband currently on ? If H1, then the answer below applies:

The moment your husband’s F1 ceases, your F2 status also stops. I think that might be the reason as to why your CoS may be denied, as you were not eligible to be inside USA on F2 in the first place as your husband already was out of F1 and he had moved to H1. You currently might be on out-of-status.

To keep it simple, I would suggest that you leave the country and get your H1b stamped and then return. Please contact an immigration attorney immediately to confirm the same. They may have few options for you.