I was on h1b status from Dec 2012 to July 8, 2014. At which point my employment was terminated. "Three weeks" later I filed for an H4 visa (my husband is on H1B).
( Although my employer terminated my employment on July 8, USCIS had not revoked it till Aug 25 )
On October 7, USCIS sent me a letter saying that "during filing of my h4 my stay in US was illegal and to provide a reason for the three week delay?"
To this I immediately responded that I was under legal status until Aug 25 and gave them the USCIS document. However on Nov 7, USCIS rejected my h4 petition saying I did not provide a reasonable explanation for the delay, In the meantime another employer has filed for my h1b (on Nov 5 under premium) . Should I leave the country since h4 was rejected or do i wait for h1b decision ?
Talk to the attorney filing the H-1B petition in your behalf if a consular case is filed. You will depart accordingly.
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.
Speak with the attorney who represented you in the H-1B filing and follow their advise for your departure.
Raja S. Gill | Attorney At Law | Gill Law Group Disclaimer: Answers/information provided on this site general nature for information and educational purposes only. The answer may or may not apply to the facts of your case. Please consult an attorney before making any decisions or in any way relying on this information.
My guess would be yes, you should leave. However, as other colleagues mentioned, you need to talk to your attorney.
New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.
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