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Posted on 20 Apr 2010
Q.

gap in change of visa when you're derivative of I-140underappeal

My H-1B extension withdrew on December 1, 2009. I applied for H-4 based on H-1B my husband in January 11, 2010. I didn't know that university withdrew my H-1B. At this step I can file for reopen (I290B). I was pergnant and under physician control due to my pergnancy complication (available document). Basically, there is a 42 days gap in applying for H-4.The I-140 of my husband is appealed and our I-485 (on August 3, 2009) and reopen(on January 6, 2010) denied. Is there any grace period that I can change to H-4 from my H-1B or being derivative of I-140 under appeal? can my pergnacy help me to cover the gap?What is situation regarding legal residency while your case is under appeal? If I leave US after my delivery, Can I get a new H4 visa or I will be under ban for some time?

User's Location: Nashville, Tennessee, United States of America
Category: H1B Visa (Work Visa)
Posted on 21 Apr 2010
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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