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Posted on 22 May 2009
Q.

How to determine Out of Status from USCIS denial of COS

>wife came to US on H4 using spouse's H1
>applied for H1 and approved from Oct08
>never got offer letter/documents from employer
who asked her to send email stating that employee will not be available to work until Jan09
>No SSN or paystubs all this time
>applied for COS on Mar23 and got a denial on May1109
>She left to India on May20
>spouse got H1 extension and planning to appear for visa stamping together in India

When did she go out of status violating 180 day rule? Is it From Jan09 since she was not available to work per email sent to employer OR on May 11 when CIS denied COS OR is it 6 months from Oct 08 when her H1 was approved?
What kind of proof can we provide to justify even though there is no pay stub when she appears for H4 stamping along with her spouse in India?

User's Location: Dallas, Texas, United States of America
Category: H1B Visa (Work Visa)
Posted on 22 May 2009
A.
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User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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