H4 to H1 visa denied- questions around this...

Hi All,


My Case :- H4 to H1

Applied- May 11-2012

RFE-20- Sep-2012 (Replied to RFE)

Decision - Denial 22 Jan - 2013


Today i checked my H1 B visa application status and it is showing as denied.I do not know what is the reason for denial.Once i get the letter from USCIS i will be knowing whether i can go for MTR/Appeal.


status on uscis website-"On January 22, 2013, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you".


I have following question.

1. My H4 visa is expiring on April -2013 so if i request for MTR/Appeal It will take 3/6 month accordingly.Can i stay in US legally if my H4 is expired and my H1B is required for appeal/MTR?


2. Can I apply for my H4 extension simultaneously while I request MTR/Appeal for my denied H1?
  1. Filing MTR doesn’t provide you legal status. So you need to file H-4 extension in order to continue staying in US even if you have filed the appeal or MTR.

  2. Yes, you can. If both get approved, then the petition approved later will determine your eventual status. So if MTR gets approved and your H-1 is reinstated w/ COS, then you should withdraw your H-4 extension.