Background: Came to USA on H4, H1 petition got approved but did not join the employer due to personal reasons. Now planning to go out of USA and attend visa interview for H4 using spouse H1 documents.
1. Will there be any chance of H4 visa denial ?
2. What is the best way to do COS being in USA or going out of USA ?
3. Will it impact anything on the spouse green card process with respect to status ?
I have a fewof questions in response:
1. When you chose not to take the H-1B job, did the employer withdraw the petition?
2. When you chose not to take the H-1B job, did you file a change of status (I539) to revert to H4?
3. If the answer to #2 is no, how long has it been since your H-1B would have started?
If you leave the US, you would not need to file a I-539 - you'd just go for a consulate interview. If you file while in the US, you could do a I-539, probably electronically for an immediate receipt.
My response is not to be construed as creating an attorney-client relationship and it is not offered as legal advice. Hopefully, this discussion will steer you in the right direction if you choose to hire an attorney.
When was the petition approved? and when did you decide you did not wish to join the petitioning employer?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
You should go out of the USA since you have bee accruing unlawful presence.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
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