I 539: Fill & Download for Free

At this time, it is almost impossible to get a new H-1B visa stamped; most US consulates are closed to routine business, and there are no ordinary circumstances under which an H-1B stamping would be considered as qualified for emergency processing. Furthermore, Trump’s H-1B ban prohibits the issuance of new H-1B visas except to workers who are “vital to national interest”, which mainly means those involved in health care, so unless you’re a healthcare worker you will not be able to get a new H-1B visa in any case.You can still travel and reenter on the still-valid visa in your old passport, and should be allowed to reenter, but there is some risk that you might not be allowed, as CBP has been known to misapply the President’s H-1B ban. And you may be subject to quarantine on arrival.It’s probably not in your best interest, both due to the COVID-19 pandemic and due to the current legal climate, to travel at this time, and instead to wait on the I-539 extension to be processed. H-1B regulations generally allow you to work up to 240 days past the expiration of your I-94 stay as long as you have an I-539 EOS still in process.

Many people apply for extensions of stay - especially recently due to Covid - but then decide to or can leave after all. The extension request is automatically cancelled if they leave. The visa is still valid unless someone cancelled it, so she can use it again. She should be prepared to explain what happened, when she tries to enter the US next time.

There is no provision for a “motion to reconsider” of a refused H-4 visa application. Motions to reconsider apply to petitions filed with USCIS and denied by USCIS, but H-4 visas are not subject to a separate USCIS petition. The H-4 applicant simply files Form DS-160 with the Department of State on the basis of the H-1B principal’s preexisting approval, a process in which USCIS is not involved. As this was an application for a non-immigrant visa refused by a consular official, it is not eligible for a motion to reconsider. There is no formal process for requesting reconsideration of the decision of a consular officer to refuse an application for a non-immigrant visa. See 9 FAM 403.10 (U) NIV REFUSALSYou can informally ask the consulate to reconsider the refusal, but the consulate is not required to entertain this request. Or you can file the DS-160 application again, but unless you somehow address the reason for the refusal (which would have been conveyed to you by the consular official, although you likely do not understand what it was), you will simply be refused again.My best guess is that the refusal was because either the documentation you provided to prove a marital relationship was inadequate, or your spouse is inadmissible to the United States for some reason. But that’s just a guess; I don’t know the particulars of your situation. H-4 refusals are fairly uncommon: in FY2019, the BCA issued 125,999 H-4 visas, and refused only 2,376.Obviously, because your spouse’s application for a visa was refused, your spouse cannot and will not be issued a visa on the basis of that application.Update: It occurs to me that what you really meant is that your spouse filed a I-539 petition to change status from whatever he or she was in now to H-4. This is not an application for a visa, but instead a petition to change status. It is subject to being heard by USCIS, and is, in theory, subject to a motion to reconsider if denied.If this is what happened in your spouse’s case—hard to be sure because you were not precise in how you asked the question—then it is theoretically possible, but practically unlikely, that your spouse could, in fact, travel out of the country and then attempt to get an H-4 visa issued through consular processing. However, the consular officer should be able to see that the I-539 petition was denied and the reason for that denial, and will likely refuse the application for a visa for the same reason unless you can convince the consular officer that that prior denial was in error or that the circumstances that warranted that denial do not exist. This will be difficult if you don’t understand the reason for that denial. Even if the consular officer approves the application for a visa, the CBP immigration officer who handles your spouse’s request to be admitted using any visa issued will be able to see that the prior I-539 was denied and the reason for the denial, and will deny admission if the CBP officer concludes that the conditions that justified the prior denial still obtain and still justify denying admission.“Try over and over again until you succeed” is not a good strategy for dealing with US immigration. If you are denied, you really need to make some effort to address the reason for the denial before trying again, or you’ll just be denied again and again.