H4 EAD (current) - H1B RFE

[AP2018]

Hi,

My wife is currently holds h4 EAD and same employer (full time) filled H1B which was picked in 2019 lottery but this AM status was changed to "Addition evidence information mailed". We are not sure what would the RFE for. I have few questions,

1) what would be the approximate timeline to resolve this? Considering Oct 1st would be the deadline for H1B start date.

2) We are planning to travel to India in December, she holds h4 visa which was stamped earlier this year but since her case was picked we were planning to take visa stamping interview date but since now there is RFE we are not sure if case will be approved and we will receive 797 in time so my question is can she travel while her case is still under review? I mean her h4 visa is still valid and she has proper stamping.

[shekar11#]

On 9/7/2018 at 12:50 PM, AP2018 said:

Hi,

My wife is currently holds h4 EAD and same employer (full time) filled H1B which was picked in 2019 lottery but this AM status was changed to "Addition evidence information mailed". We are not sure what would the RFE for. I have few questions,

1) what would be the approximate timeline to resolve this? Considering Oct 1st would be the deadline for H1B start date.

2) We are planning to travel to India in December, she holds h4 visa which was stamped earlier this year but since her case was picked we were planning to take visa stamping interview date but since now there is RFE we are not sure if case will be approved and we will receive 797 in time so my question is can she travel while her case is still under review? I mean her h4 visa is still valid and she has proper stamping.

1. There is no specific deadline. Oct 1st is not a deadline for USCIS. They can give a start date for  H-1 at anytime.

2. Better to wait till you get a decision. If you tarvel out of the country while the decision is being made her COS from H-4 to H-1 will be abandoned. But the H-1 can still be approved. Only thing is you need to apply for COS back to H-1 after your wife enters back on H-4 after the trip.