Jersey City, NJ asked in Immigration Law for New Jersey

Q: Is there a grace period after my H1B extension is denied to convert my status, on medical grounds?

My i94 expired in July 2017 but a renewal (for my H1) was filed in March 2017 itself. However, I received a denial notice but unable to leave the country as I'm 33 weeks pregnant (have doctor's letter). Can I convert to a H4 since my husband is also here on a valid H1B without any immigration related issues in the future?

Edit: My H1B denial notice states that there is no appeal (but it can file a 'motion'). Not sure what the difference is

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2 Lawyer Answers
Roger Carl Algase
Roger Carl Algase
Answered
  • Immigration Law Lawyer
  • New York, NY

A: It might be a good idea to file a timely appeal from the H-1B denial notice in order to keep your denied extension petition timely and active so that you would have an arguable claim that you are still in valid legal status while you apply to switch to H-4. If you want to discuss further details, please feel feel free to contact me at algaselex@gmail.com or by phone at (212) 724-5643.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: You can try; you should do it ASAP. You can file a motion so a USCIS office other than the one that initially adjudicated it can look at the issue with fresh eyes.

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