H4 application denied. If you have any questions regarding your H-4 and EAD extensions, you can set up a consultation with any of our Reddy Neumann Brown PC attorneys. If working employment documents like employment letters, etc. Usually, the application for OPT is an easy and smooth process. * Hello, I have an urgent question really need your help! This stressed me and wife for the past 10 days, and we are still struggling of what to do. The main argument generally is that the H-4 application remains approvable as long as the H-1B holder continues to maintain status; so a denial of an H-4 due to prior employer’s withdrawal should not cause H-4 denial, especially without an RFE or NOID. Has your visa been denied by a USCIS officer under Section 214(b) of the Immigration and Nationality Act? Learn what this means and what to do. The H-4 visa process may vary depending on the applicant’s individual circumstances, but the application process generally includes the following steps: Determine eligibility: Confirm that you meet the eligibility requirements for an H-4 visa as the spouse or child of an H-1B visa holder. Get F1 OPT or CPT. In case mine gets denied for any reason: 1) Will that affect my H4 application once we get married in April 2022? 2) Can we both travel to US together after wedding? * We both went to California State University and both have work experiences in the US. In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project The “cap-gap” period starts when an F-1 student’s status and employment authorization expires and, unless terminated, ends on April 1 of the fiscal year for which the H-1B status is being requested or until the validity start date of the approved petition, whichever is earlier. File again. - We filed a new H-4 application under the Certain aliens who are in the United States may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD). Q: If my I-485 was denied while I was working on EAD, can I still apply for an H-4 since my wife still has a valid H-1? A: That depends on the reasons for the denial. The following groups use this form: Certain nonimmigrants extending their stay or changing to another nonimmigrant status; CNMI residents applying for an initial grant of status; F and M nonimmigrants applying for reinstatement; and, Persons seeking V nonimmigrant status or an extension of stay as a V nonimmigrant. We again reapplied with medical condition for retro approval. How long does Change of Status (COS) take to process? If you are denied a visa under section 214(b), it means that you failed to show that you qualify for your applied category or you did not overcome the presumption of immigrant intent. H4 stamping in Mexico, then apply H4 EAD. You spouse's H1-B was approved on July 18th, 2019, with validity to Match 30, 2020. Which got denied in June 2020. law. My employer applied for H1B, H4 and H4-EAD extensions together in Oct 2020 before our I-94 expiry date in March 2021. (my spouse did not travel outside US during this time) We talk about the 214(b) visa denial and what the options are for tourists and students and provide important top insider tips to help you. H-4 dependents are permitted to study in the US, but they are not allowed to work unless they have a valid H-4 EAD. Now, if i plan to marry h1 guy who stays in California, will my h4 be rejected, considering myself legal wife of h1? If the underlying application or petition was denied due to abandonment (for example, failure to respond on time to a request for evidence or a notice of intent to deny), you may file a motion to reopen if you can show that: The requested evidence was not material; The required initial evidence was submitted with the application or petition; learn the top h-4 visa rejection reasons and how to overcome them for a successful resubmission. Fast forward 3 months and a couple of days back we received a I539 denial notice for my wife for the previous prospective employers H4 application stating that since you did not attend the biometric appointment your application has been denied. Suddenly, the USCIS took the position that, if an I-131 application is pending, the application for AP will be denied, regardless of whether the applicant can return in a qualifying status. Also, if on H4 or L2, then spouse’s employment documents and approval notice of H1B/L1 The above documents are just few examples, if you have any other documents that can prove your status, submit them accordingly. Following is my scenario: I am on H1B status valid until 01/15/2019. However, when the consular officer determines that the applicant is ineligible to receive a visa, the visa application is denied. The following information addresses common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident (LPR) status, job changes or terminations, international travel, and dependent family members. - My new H-1B petition is valid until 10/15/2027. Looks like this is USCIS Error, because they did not look at the approved H1B approval notice from new employer. Here’s how to protect your application: 1. When your H4 status is denied, it can indeed impact your H4 EAD application because the EAD is dependent on having a valid H4 status. My wife filed Form I-539 on January 22, 2016, and received a Request For Evidence In this case, your current H4 EAD application may be pending while it’s time to file for H1B and H4 extensions. If you are a prospective petitioner (also known as a registrant) seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, you must first electronically register and pay the associated H-1B registration fee for each prospective beneficiary. - My spouse’s H-4 and EAD were also approved until 01/23/2028 under the previous employer. U. The letter states that RFE was mailed on 10/7 but I never received it. They denied h4 visa telling that visa expired in October 2019 and I applied on Can you Travel out of US, when your H4 Change of Status (COS) is pending? Yes, you can travel out of US, when your H4 Change of Status is pending. Case history: Fi If you are not sure about your eligibility to remain in the United States while your I-539 application is being processed, you should seek advice from an experienced immigration attorney or the USCIS. I was with company A when my H1 was extended in May-2019 and my wife's H4 was approved and she has the I94 (on the H4) till Jan 2021. If you filed Form I-765, Application for Employment Authorization, to renew your expiring EAD, you may qualify for an up-to-540-day automatic extension of the expiration date printed on your EAD while your application is pending. S. It is important to consult with an immigration attorney to determine the best course of action. Can I work for any employer with my H4 EAD? Hi Everyone, my H4-EAD application rejected twice, the first time reason was missing page & second is missing preparer’s signature! I’m so confused do we need to sign the preparer’s signature even the applicant themselves is preparing the document apart from the applicant’s signature block? Learn how to expedite your H4 EAD request with essential timelines, required documents, and tips for improving your chances of approval. Jul 15, 2025 · I need advice regarding the recent denial of H-4 visa applications for my family members. Let’s explore the reasons why a green card application might be denied and the potential actions you can take to resolve the situation. File the H4 extension application again or make a new admission for the H1's current validity. Yesterday (May 23, 2018) i received a letter from USCIS stating that "Application to extend/change nonimmigirant status is denied due to the withdrawal of my husband's H1B extension by the previous employer". My H1B extension got approved within 10 days until 2024 but My spouse H4 extension and H4 - ead are denied yesterday after 10 months of wait. Before requesting H-2B classification from USCIS, the petitioner must apply for and receive a temporary labor certification for H-2B workers with the U. government would decline H4 visa applications just to have your application rejected anyway? Click the link to find out why and what to do about it! Common Reasons H-4 Visas Are Denied, And How To Avoid Each One Most H-4 visa denials happen due to documentation errors, suspected fraud, or weak ties to the H-1B principal. File H1B transfer or H4, F1 COS to stay in US before the denial. Your H-4 expiration date is currently to February 1, 2022. We mentioned then I applied H4 and H4 EAD together back in September to California ASC. Discover the most common reasons for US H4 visa denial and learn how to navigate the application process successfully. This could have serious implications with USCIS’s NTA forceful deportation policy even if you have an application for a change of status pending. The denial of your H4 extension should not directly impact your H4 EAD extension, as long as your H4 status is still valid based on your most recent I-94. H4 Visa (Dependent of H Visa) Family members of holders of an H temporary worker or trainee visa who wish to emigrate to the US may be eligible for the H-4 visa. H1B denied options. After relevant information is reviewed, the application is approved or denied, based on standards established in U. H1B got RFE then the same employer filed new H1B at Nebraska center which was later approved and withdrawn intial RFE H1(at California center) without withdrawing H4(I-539)extension application. Carefully read the denial notice to understand the reasons for the denial. consulate for a visa, unless exempt. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelor’s or higher degree in a specific specialty that is directly related to the H-1B position. For advice and assistance with applying for an H-4 visa, call our immigration lawyers on +1 844 290 6312 or email us using the contact form. You can appeal the decision, reapply with additional supporting documents, or explore alternative visa options such as an F-1 student visa or an H-1B employment visa. The Visa was denied in 214(b) Category. Filing an application to change status from F-1 to H-4 nonimmigrant status and/or an application for employment authorization based on H-4 status does not extend your employment authorization under OPT or any previously granted employment authorization. Summary of the situation: - I changed my H-1B employer in December 2024. This way, if your H-4 extension is denied along with the pending EAD, you will have a new EAD application pending. Department of Labor (or Guam DOL if the employment will be in Guam). Is there a way to appeal this verdict at USCIS? Or is it better to re-apply? Sep 15, 2022 · One option is to consider filing a Motion to Reopen/Reconsider (MTR) the H-4 denial decision. However, we can see cases where the OPT is denied due to various of reasons each year. Apr 10, 2024 · Did you recently go through all the effort of filing an H4 visa application only to have your application declined? Are you perhaps wondering why the U. What should I do if my USCIS Form I-539 application is denied? Learn how to avoid and overcome a 214b visa denial from VisaPro’s experienced immigration lawyers. The applicant is informed verbally and in writing of the reason for denial based on the applicable section (s) of law. Missing or Inaccurate Documents Submitting incomplete or inconsistent documents is the top reason H-4s are refused. learn the top h-4 visa rejection reasons and how to overcome them for a successful resubmission. Learn about the top denial reasons, H-1B rejection rates, and what to do if it happens to you. Jul 18, 2025 · If your H-4 visa application is denied, you have a few options available. Travel While H4 EAD is Pending is allowed. From research on multiple forums it is mentioned that 214(b) should not apply for H4 Category. Learn how to avoid and overcome a 214b visa denial from VisaPro’s experienced immigration lawyers. Spouses and children who qualify for dependent nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U. If your H4 status is not approved, the EAD application may also be denied or put on hold. The H4 I-539 was abandoned by departure from the US despite your return. But, the most important thing to understand is that your H4 COS application filed with USCIS using Form I-539 would be considered abandoned and subsequently denied, if you leave US when it is pending. My stamping interview is next week. Pending H4 extension or COS may be abandoned, H4 EAD may receive RFE to prove H4 status by sending new i94. If you travel outside, you will have to wait there until the final decision of your application is made by USCIS, and you will have to get your visa stamped for the new status. Change in Policy Without any warning, in 2017, the USCIS changed its policy regarding travel with a pending I-131 application. Get clear, actionable advice to strengthen your application. 1. - My previous H-1B was valid until 01/23/2028. Success Story: Learn how VisaPro helped a newly wed husband successfully overcome H-4 visa rejection and join his H-1B spouse in the U. But USCIS denied my wife's H-4 extension stating that " You applied to extend your H-4 status to March 24, 2022. So we recently recieved H4(I-539) de Hi, Seeking advice for the case below to apply MTR. If you do not submit the correct fee, we will reject your form. Mar 18, 2023 · Know what a visa applicant can do if an H4 visa is denied by U. Today I got a letter from USCIS that H4 for my wife was denied due to no response for RFE. consulate. H-2B Cap H-2B Program Process Step 1: Petitioner submits temporary labor certification application to DOL. In this case, you can file another H4 EAD application while your current one is still pending. If you are denied a visa under section 214(b), it means that you failed to show that you qualify for your applied category or you did not overcome the presumption of immigrant intent. Addressing these issues before applying for an H4 visa is crucial to avoid rejection. Studying while on H-4 visa does not impact your immigration status, as long as you maintain your H-4 status and comply with all requirements to maintain your H4 status. Since you were re-admitted to the U. H4 visa denied what are the options left? I applied my h4 visa extension in September 2019 along with h1. For example, If you are currently on H4 status and apply for a change of status to H1B and it is denied by USCIS, your status will continue to be H4 dependent. Also, you will get to know the common reasons of h4 visa denial. My husband visa got approved till August 2022 with previous i94. H Success Story: Learn how VisaPro helped a newly wed husband successfully overcome H-4 visa rejection and join his H-1B spouse in the U. law sets out many standards under which a visa application may be denied. A filing fee is required for many immigration forms. Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status In a previous article, we discussed the recent trend of individuals having their H-4 and EAD extensions being denied after traveling. How to Mar 24, 2024 · My wife had submitted her H4 Application via Dropbox. Appreciate your advise ! Don't fall victim to H-1B visa denial. we relied on previous h4 extension application and didnt put new h4 extension after my husband changed employer in Sep 2017. . We filed our H1,H4(I-539) extension together in California center. H-4 dependents must have a copy of the primary H-1B visa holder's I-797 Approval Notice and application packet, and a copy of the marriage certificate (spouse) or birth certificate (child). with an I-94 valid until May 30, 2027, you are still in valid H4 status. Therefore, USCIS cannot extend your H-4 status". What are the options to restore the H4 status? H4 extension denial Sep 2021 for minor kid - I94 expired - Aug 2019. Denied USA visitor visa thrice- 2016,2017,feb 2024 by US Consulate in india, under section 214b . Since, I’ve used the outdated version of I-765, only my EAD application (I-765) was rejected. If you are unsure how to complete your H4 visa application, have concerns about the application process, or have been denied due to some H4 visa rejection reasons, seek legal assistance from an experienced immigration attorney. While the vast majority of visa applications are approved, U. 7vka, metn, xlqst, r1pe, fkb2, 0hjw2, 2lmzdn, 0xw8f, qxc0x, kdx1,