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Immigration Issues/H1B denial--impact on H4

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Question
Dear Mr. Arora,

I have my EAD as I had filed my I485 in 2007. I got married after that. I have maintained my h1B (exp Aug 2011) as I could only apply for her 485 once the date is current. My wife has been on h4(exp Aug 2011). However, I changed employers in Jan 2009, in the hope that H1B transfer will be smooth. It seems they did not read the letter and denied my h1b transfer. Now I want to find out:
  
a)      My wife’s I-94 is valid till Aug 2011. Can she stay on her H4, while mine is under appeal/MTR, if she does not go outside the US?
b)   MTR v/s Appeal, which will be better for my wife, considering MTR takes only 3 months?
c)   Is it important to transfer her H4 to H1 (or F1)?
d)   Is my H1B status with my previous employer an easily accessible information? I would not know if he cancelled as my employer wasn't very friendly with me after I left.

Thanks,
Amar

Answer
Hi,

Since you are no longer maintaining H1B status, your wife is therefore not maintaining her H4 status even if her I-94 does not expire until August, 2011. She should change status as soon as possible to another nonimmigrant visa status (example: H1B, F1, B2, etc.).

Your wife is not permitted to remain legally in the U.S. while the MTR or appeal for H1B denial is pending. It is probably faster to file MTR for your H1B denial.

If your previous employer revoked its H1B petition, there is no way for you to independently know of the revocation. Please check with the employer or the attorney acting on the employer's behalf who revoked it. Please note that even if the previous employer did not revoke its H1B petition, you are violating your H1B status if you have not been employed by the previous employer since the H1B denial through the new employer.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com  

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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