H1B extension approved without I94 and H4 denied

USA H1B Visa
1

Hi All,

My employer applied a H1B extension on 01-OCT-2014 while my visa&i-94 expired on 01-Dec-2014. On 08-Dec-2014 i got received RFE for documents for employee-employee relationship and documents for not maintaining non-immigrant status as initial petition was approved for Middletown,NJ but i was started working in Overland park ,KS after coming to united states (my petitioner didn’t process I129 amendment but just filed LCA for location change). I have applied H4 extension for my dependents on 01-Oct-2014. On 02-Mar-2014 we submitted all the requested documents to USCIS before the deadline date for RFE submission.

On Apr 22,2015, we received I539 denial notice since the principal alien was not maintaining a valid non-immigrant status for my dependents. I received H1B approval without extension of stay. The denial notice say that approved I129 has been to Chennai consulate for visa processing.

My employer advised to travel back and get the visa stamped for me and my dependents. I am travelling back to India on 05-May-2015. My questions are :

  1. Am i qualified for Dropbox/Interview Waiver Program?
  2. Whats documents should i submit if i go for interview?
  3. What should i say if the VO asks why petitioner failed to process I-129 Amendment when location changed.?

Please provide you inputs.

Regards
Sathya

2

In the olden days(before last month), the USICS used to interpret the change of the H1B worker work location as a need for filing an updated LCA only. But a month back USCIS decided to expect the amendment for the H1B petition itself.

You could be a victim of this change.

Read: https://edit.justice.gov/sites/default/files/eoir/pages/attachments/2015/04/16/3832.pdf

3

so am i eligible for dropbox for visa stamping since i meet all the conditions provided here http://www.ustraveldocs.com/in/in-niv-visarenew.asp and my employer (petitioner) being the same.

4

Any update ? did you went to India

5

Hi Sathya,

I am also in the same situation, can you please let me know your status or email me directly at sanjivkrsharma at gmail.

Regards

6

Sorry for not updating the forum . I went back to India and got h1 and h4 visa stamped.

I opted for drop box since my employer didn’t change. Everything was done in two

Hope this help

7

Hi,
Can you please let me know if you both went for stamping together or separately. I am also in same situation and would like know if there is any problem in going together for stamping.

Thanks,
Remya

8

i opted for drop box for entire family. May i know why the I94 was denied for you?

9

Hi,
I have not received the denial reason yet for my I94 and my dependent’s H4 visa. Employer says they have not received if yet.

We were eligible for drop box and went ahead with that last wednesday. Now waiting for an update from consulate.