H1B-H4

[preethi28]

Hi All, 

Am currently in a Dilemma and not aware on much options .Would appreciate a good responsive help

Spouse applications filed : H1bAmendment :on May 2018 With CSC , H1BExtension on Oct2018 with NBC along with my H4, i94 expired Jan 2019

Both the applications have received RFE , Amend reply is filed today , and have time for Extns reply to file till june but currently am expecting and due date on Aug 

Usually spouse company replies RFE till the last day  in regular , and in meantime i got my H1b Approved its new cap, but based on situation i cannot travel to work.

What are best options i can have, keeping in mind if the petition gets denied ?

Also if petition gets approved , will my status change back to h4 based on Last action rule?

 

Thanks with Regards,

Preethi

 

 

 

 

 

[shekar11#]

On 5/4/2019 at 12:18 PM, preethi28 said:

Hi All, 

Am currently in a Dilemma and not aware on much options .Would appreciate a good responsive help

Spouse applications filed : H1bAmendment :on May 2018 With CSC , H1BExtension on Oct2018 with NBC along with my H4, i94 expired Jan 2019

Both the applications have received RFE , Amend reply is filed today , and have time for Extns reply to file till june but currently am expecting and due date on Aug 

Usually spouse company replies RFE till the last day  in regular , and in meantime i got my H1b Approved its new cap, but based on situation i cannot travel to work.

What are best options i can have, keeping in mind if the petition gets denied ?

Also if petition gets approved , will my status change back to h4 based on Last action rule?

 

Thanks with Regards,

Preethi

 

 

 

 

 

Best option is to withdraw the H-4 as you already got an RFE for that. And your H-1 start date would be from October 1st. If you don't withdraw and your H-4 petition gets approved then you will be back on H-4 (last action rule).

[preethi28]

What happens if h4 gets deined ?