H4 Petition denied holding one Approved H1B consular processing petition, candidate in USA

I am sharing the scenarios. Till now not got the denial notice hard copy, even attorney has not received anything too.

Scenario 1-
I changed my job and H1B transfer file reached to uscis on Dec 28th, 2018 ( While Current H1B and H4 both with I-94 were valid till 30th Dec 2018 ) in normal process. Case upgraded to Premium in August
Transfer of H1B petition got approved on 08/07/2019
Transfer of H4 petition got approved on 09/16/2019

Scenario 2-
In between this transfer waiting time, I filed H1B for my spouse in 2019 cap, her H1B got picked in lottery
H1B Approved on 11/05/2019 ( Consular Process Approved without I-94) without any RFE and normal processing

Scenario 3-
Meantime my employer has started my GC process and my I-140 was approved.
I-140 Approved on 08/22/2019 then after we filed

H1B Extension Filed : 08/28/2019 ( Premium Case)
H1B Extension Approved on 09/10/2019
H4 Extension Filed : 08/28/2019

Scenario 4-

As my spouse H1B (cap 2019) was not adjudicated until my I-140 and H1B extension approved ( 09/10/2019), Hence after I filed
H4 EAD on 10/28/2019.

Scenario 5-
Today (17th jan 2020) I can see uscis website updated my Spouse H4 denied in 15th Jan 2020 2 days before.

My question is what could be the reason of Denial as we are waiting for the denial notice.

When my Spouse H1B got approved on 11/05/2019 , post filing of the H4 EAD on 10/28/2019 , I asked my attorney , if we are good to keep the H4 and H4 EAD
application active, as we already got our H1B approved.

Attonery suggested its valid to hold the H4 and H4 EAD application, as your H1B approved in consular process which doesnt have the valid I-94.

So also if you dont have immediate travel plan to India and re enter with stamped H1B visa , The approved H1B consular process will not get effective until it is not stamped and re entered with valid I-94, You can keep it and use in future, your stay is legal with current filed H4 receipt number.

Now I am careful to know what would have the reason of denial of my spouse H4 Petition, If you have come across such scenario in past guide me what precaution
I will have to follow.

Scenario 6-
Now I am in process of my job change and new employer is going to file my transfer of H1B petition next week. I checked with them if it is required
to file the H4 transfer until the current employer filed H4 and H4 EAD is still under adjudication process.

They mentioned not required to file H4 transfer as it is in process from current employer. But today it got denied H4 Petition, I am thinking to update the new employer attorney next week about my spouse H4 denial.

In this case can they file the transfer of H4 (Denied one) and H4 EAD ( In progress) with my H1B transfer.

Will it be lawful and legal in such case to continue stay of my spouse in states with new employer H4 receipt , or she has to go back to India and come back with H4 stamping or H1B stamping whichever will be hassle free.


Hi @sritam

It is not possible to guess the reason of H4 denial.

H4 should not stay in US if their current i94 has already expired. You won’t be able to file a new H4 transfer/extension if H4 i94 has already expired.

It is better to go out of USA, get H4 visa stamp and then come back.

hope your issue resolved… i am also in the same boat like you,. can you suggest that how you resolved an issue??

can either of you share the experience ? I got a similar denial letter after H1b approval in consular processing.
Reason was “since your H1B was applied before this and approved and you are now in H1B status”. Not sure why this happened for consular processing application.

I filed an MTR and waiting for the response from USCIS

My wife H4 visa extension is denied but during visa stamping officer raised this concern in the end she issued a visa for her , i am trying to under stand if this will cause any issue in future visa extensions’ or anything i can do now. Visa is denied on Feb-2020 and today(feb-25-2021) i came to know about this

Your question is confusing. Visa stamp in passport was denied or issued?

Do you mean H4 extension was denied by USCIS in the US?

Visa is stamped but am not sure about future implication and if there are any measure it need to take now for the H4 visa extension denial

HI Anil, can you please help my wife Visa applied on Dec-2018(i94 expiry date was Jan2019), we moved from US on Aug-15-2019 and i thought my wife visa extension will ne denied or withdrawal. But USCIS issued an RFE on Dec-2019 (when were not there in US) and then they denied her visa extension on Jan-2020. Then later they issued her Notice to Appear on July 2020 for illegal stay. Now we have Valid visa stamped Can we now travel back and try to resolve this case from US or do you see problem going there.

My H4 Case -I539 got approved. just providing an update here as i gained some knowledge from this forum . Appreciated help from all the folks during this time from this groups.

1 Like

H4 Timelines.
07/09/2019 - Case was Received - I539
06/09/2020 - Case was Denied - I539
09/03/2020 - MTR Filled - I-290B, Notice of Appeal or Motion
02/22/2021 - Name Was Updated - I290B
03/23/2021 - Case Was Reopenedyour Form I-539, Application To Extend/Change Nonimmigrant Status, and are reconsidering our earlier decision. - I539
03/24/2021 - Case Was Reopened your Form I-539, Application To Extend/Change Nonimmigrant Status. - I539
03/25/2021 - Case Was Approved - I539

Hi, We are in same boat. What did you do to resolve this situation ? TIA. Will appreciate your reply.

Hi Udhaya

I am in the same boat. Quick question - Did you get a new receipt number for tracking the MTR status or did you use the initial case number for I539?. Also I see that there is more than 180 days gap between your denial and approval. Did your wife stayed here or travelled back to India. Can you please help?

Yes John… we will get a new receipt no for MTR filing… as long as application is pending, you can stay in USA… we don’t travel since we have solid evidence of uscis clerical error…