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L1B extension denial and back to home country. now want to apply for h4

Irvine, CA |

My husband was on L1B in USA and I am on H1B. My husband's L1B extention petition was declined and he had to return to our home country immediately. Now I want to apply for his H4 interview at a US consulate. My question is : 1) I entered US on L2 visa and got my change of status to H1B. Hence on my passport H1 visa is not stamped though I have all required approval and petition documents for H1B from my employer. Will it pose as any issue for H4 stamping for my husband. 2) It has been 15 days since he came back to our home country. Should we wait for some time before applying for H4 or can he apply now. Will the officer misinterpret that he wants to get back to US again so soon through some other visa and cause his H4 rejection.

He got an RFE on L1B extension petition and his response to RFE was not considered satisfactory for reason to extend his stay. Denial was not because of any immigration violation or fraud. Thanks

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Attorney answers 4


He should be fine if he has the correct documetns including a current letter from your employer and your H1B approval notice and LCA. it would be helpful to know why the last petition was denied


Why was he denied the L1B? Assuming it was not an issue related to a previous immigration violation or something along those lines, of course he can join you as your husband/dependent, no need to wait!

He needs to take evidence of your lawful H-1B status in the U.S. (check embassy website or talk to your employer's immigration attorney).


To qualify for an H-4 visa stamp, he must demonstrate that you are maintaining H-1B STATUS, not that you have an H-1B visa stamp.

Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Speak to employer's lawyer

John Lassen 1-877-252-4630

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