H4 to H1 COS denied- future options and if Old H1B still valid

USA H1B Visa
1

Hello Saurabh,

My h4 to h1 COS was denied on Oct 26th 2012.

Also my H4 expired on 5th Of OCT.

My husband’s H1 is pending for extension. [old one expired on 25th Sept]

We are waiting for the denial notice on COS,

I wanted to ask , what are my options

  1. We are planning to apply for h4 renewal with explaination for late filing as ‘h1b was under review’. Does this have any risk.

  2. Or travel to India. and wait for my Husbands h1 extension and then apply fresh h4

  3. I was wondering even if my COS denied, is my h1 still valid i mean can I apply for COS again or go for H1B stamping in india with my old h1B petition.

After writing this it seems point 3 is most imp for me now. :slight_smile:

Thanks in Advance.

2

  1. No, you should not have any.

  2. yes, this is one valid option.

  3. Why was your COS denied? You may go for H1 stamping in India if you have an approved H1 with you.

3

  1. If your H-4 I-94 has expired, then it can be an issue. If the H-4 I-94 is still valid, then it ok to file H-4 extension separately from your husband’s extension.

  2. If your I-94 has expired, then you should leave US and enter on stamped H-4 visa. This may require you to go for H-4 visa stamping (if it has already expired), which in turn requires H-1 extension to be approved.

  3. Two options - either file for COS again, or go out of country for H-1 visa stamping