回复:回复:请教8老师,pjiang老师: h4 got denied while h1b mtr still pedning

-I am confusing in your description: H1 transfer, MTR and then, extension.

sorry about confusing... i changed job 6 months ago and new company transfered my h1b but it got approved without i94 (bascially they asked me to go out of country to restamp visa). my lawyer filed motion to reopen because its uscis's mistake......my wife's h4 transfer got denied while motion to reopen is still pending because of my h1b without i94.

my new company applied perm+140 for me and both got approved quickly so lawyer filed 3 years h1b extension based on approved 140 while motion to reopen of h1b transfer is still pending... honestly i am not quite sure if lawyer did the right thing?

 

-It seems the H4 application denial was resulted from your H1 approval had no I-94 (your h1 status was denied), so she may just file MTR just like you did based on your pending MTR. Another choice is that she may just go to China to apply for the H4 visa to come back after you get your H1 approval with I-94.

如果我的h1b extension这个月底approve了,能马上在us给lp file h4吗,还是必须让老婆回国去reapply h4啊? 其实我本来一直想让律师file我的h1b extension的同时file老婆的h4的,但是律师想等等看。。。。。。我问他lp要是out of status以后拿绿卡有问题吗,律师居然说只要我没out of status以后拿绿卡就没问题,不太相信他的说法。8老师觉得我老婆以后拿绿卡会有问题吗?

thanks a lot!!!!!!

 

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