Is it safe to approach Immigration department ?

[rahuljainusa007]

Hi

I have unknowingly over stayed in USA , as my VISA was denied 2 months back and I wasn't aware of it. I haven't received the hard copy of the denial notice so far.
Is it safe if I visit the Immigration Department (USCIS office) and check with them, if I have any other way to re-appeal or is leaving the country the only option left with me
(though have already booked the tickets to move out of US for next week) ?

Please help.

[shervin143]

You going to USCIS office will not help since the H1B petition is not yours. It is your employer's petition. MTR can be filed by the employer, but it will take close to a year to get a response on a MTR. Your best option is to leave the country immediately to avoid accumulating more illegal stay. If yu stay illegally for more than 90 days, you could get a 3 year ban from entering U.S. How is that you didn't know your case was denied all this while? Did you check the case status online?

[rahuljainusa007]

Is it safe to approach Immigration department ?

This case is for my wife who is on H4. I never checked her H4 transfer status , but last week and when I checked, it was already denied more than 2 months back.
Though she is already try to move out of USA , asap, but was thinking if there is any other option of making her stay in USA legally .

[shervin143]

Well, if it is H4, then you should have received the denial notice by mail. If not, you can certainly take an infopass appointment with USCIS to discuss the case.
When did her H4 I-94 expire? You mentioned H4 transfer. I am confused. There is no such thing as H4 transfer. Did you mean H4 extension? Find out when her H4 I-94 expired and that will help.

This case is for my wife who is on H4. I never checked her H4 transfer status , but last week and when I checked, it was already denied more than 2 months back.
Though she is already try to move out of USA , asap, but was thinking if there is any other option of making her stay in USA legally .

[rahuljainusa007]

Its a H4 Transfer ( as I switched my employer , am on H1b). USCIS has denied her I-539. I never got the denial notice and that is how, I got to know of the denial too late more than 2 months, after it was denied.

[shervin143]

Well, there is no such thing as H4 transfer. Only H1B gets transferred from one employer to another, not H4. H4 is based on your H1B status irrespective of who your employer is.
When does her H4 I-94 expire? Has it already expired?

Its a H4 Transfer ( as I switched my employer , am on H1b). USCIS has denied her I-539. I never got the denial notice and that is how, I got to know of the denial too late more than 2 months, after it was denied.