Tweet
Hi,
Can anyone please help us understand what are the available options?
My previouse employer went out of business and I had to find a new employer
and new employer filed for I-129 on 3/16/09. Also I-539 was filed for my wife to extend the stay till the maximum possible date based on my primary application.
We have I-94 valid till 11/18/09.
RFE has been raised and has been replied by the attorney on 6/3/09.
On 09/16/09 for my I-129 the status in USCIS has been changed as "Approval Notice Sent" but for my wife's I-539 the status changed as "Denial Notice Sent".
We received a NOTICE OF DECISION letter from USCIS on 9/26/09 and it says the following
"As a dependent, the applicant's classification is subject to the principal alien's status. The nonimmigrant visa petition filed in behalf of the principal alien,seeking a concurrent extension of stay as a specialty occupatin worker classification under section 101(a)(15)(H)(i)(b) of the Act, has been processed as a consulate notification because the principal alen was not maintaining his/her nonimmigrant status at the time of filing the petition.
Since the principal will not be classified as a temporary nonimmigrant worker untill s/he obtains the H1-B visa abroad at a United TSates Embassy or Consulate, and has been lawfully admitted into the United States in that nonimmigrant status, the applicant does not qualify for the requested change of status....
This decision leaves the applicant without lawful immigration status and he/she is therefore present in the United States in violation of law. The applicant is requred to depart the United States. Remaining in the United States without authorization may affect the applicant's ability to return to the United States in the future."
I have a 7 months old daughter born here in USA and she has a medical condition that we need to take care of.
So can you please review and help me why would the I-539 gets denied even though primary I-129 gets Approved?
How much time does my wife has in the worst case scenario? We both have I-94 upto 11/18/09
WHAT ARE THE AVAILABLE OPTIONS AT THIS POINT?
Please help us AS SOON AS POSSIBLE!!!!\
Appreciate your help....
Regards,
DG
Can anyone please help us understand what are the available options?
My previouse employer went out of business and I had to find a new employer
and new employer filed for I-129 on 3/16/09. Also I-539 was filed for my wife to extend the stay till the maximum possible date based on my primary application.
We have I-94 valid till 11/18/09.
RFE has been raised and has been replied by the attorney on 6/3/09.
On 09/16/09 for my I-129 the status in USCIS has been changed as "Approval Notice Sent" but for my wife's I-539 the status changed as "Denial Notice Sent".
We received a NOTICE OF DECISION letter from USCIS on 9/26/09 and it says the following
"As a dependent, the applicant's classification is subject to the principal alien's status. The nonimmigrant visa petition filed in behalf of the principal alien,seeking a concurrent extension of stay as a specialty occupatin worker classification under section 101(a)(15)(H)(i)(b) of the Act, has been processed as a consulate notification because the principal alen was not maintaining his/her nonimmigrant status at the time of filing the petition.
Since the principal will not be classified as a temporary nonimmigrant worker untill s/he obtains the H1-B visa abroad at a United TSates Embassy or Consulate, and has been lawfully admitted into the United States in that nonimmigrant status, the applicant does not qualify for the requested change of status....
This decision leaves the applicant without lawful immigration status and he/she is therefore present in the United States in violation of law. The applicant is requred to depart the United States. Remaining in the United States without authorization may affect the applicant's ability to return to the United States in the future."
I have a 7 months old daughter born here in USA and she has a medical condition that we need to take care of.
So can you please review and help me why would the I-539 gets denied even though primary I-129 gets Approved?
How much time does my wife has in the worst case scenario? We both have I-94 upto 11/18/09
WHAT ARE THE AVAILABLE OPTIONS AT THIS POINT?
Please help us AS SOON AS POSSIBLE!!!!\
Appreciate your help....
Regards,
DG
Comment