H1B got RFE and what happens to H4 and H4 EAD

[Sudha Murthy]

Hi,

We applied for H1B, H4 and H4 EAD concurrent filing on Feb 19, 2019 and moved to premium processing in April 8th 2019. Received RFE for H1B on April 17th 2019.

Now my question is what will happen to H4 and H4 EAD, will they approve after H1B approval because my spouse might lose job if H4 EAD gets delayed.

Thanks

[xTDx]

H4 and H4 EAD depends upon H1b. If H1b is in RFE and depending upon the RFE,  USCIS will most likely hold and not approve H4 and  EAD until they approve primary H1b application. 

Now there are exceptions and USCIS has sometimes approved h4 and h4 ead while sending RFE's to H1b. So you never know. As a general practise, if H1b is is in RFE and no case status update on H4 and H4 ead, it is safe to assume that they are on hold too.

Edited May 8, 2019 by xTDx

[xTDx]

If the question comes up during a visa renewal, this might trigger a 221g on the validity of marriage. This will not be a denial reason but can delay your visa renewal. So you must be ready for all situations under Trump's extreme vetting of visa applicants executive order.

As per law, nothing stops you to work in a different state.

[shekar11#]

On 5/8/2019 at 4:04 PM, Sudha Murthy said:

Hi,

We applied for H1B, H4 and H4 EAD concurrent filing on Feb 19, 2019 and moved to premium processing in April 8th 2019. Received RFE for H1B on April 17th 2019.

Now my question is what will happen to H4 and H4 EAD, will they approve after H1B approval because my spouse might lose job if H4 EAD gets delayed.

Thanks

H-4 and H-4 EAD processing time is never guaranteed even if you file in premium along with H-1. USCIS just does it as a courtesy in premium along with H-1. Even if you respond to H-1 RFE and it gets approved there is no certainity for H-4 and H-4 EAD approvals. Just hope for the best that all 3 get approved.

[Sudha Murthy]

Thank you so much for the reply. My H4 is valid until June-08-2019. If my approval gets delayed do i need to leave the country and comes back once my H4 approved or i can stay unto 240 days in US without leaving the country.

Thanks.

[shekar11#]

On 5/13/2019 at 5:17 PM, Sudha Murthy said:

Thank you so much for the reply. My H4 is valid until June-08-2019. If my approval gets delayed do i need to leave the country and comes back once my H4 approved or i can stay unto 240 days in US without leaving the country.

Thanks.

You don't need to leave the country. You can stay here based on a pending petition. 240 day rule is for H-1 not for H-4.