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?
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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.
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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.