H1B to H4 transfer in case of H1B rejection

[Mohit78]

I am on H1B visa,My Visa is valid till Nov 6 , 2019 , My employer filed extension in premium processing,I got RFE and need to reply RFE by Dec 26 2019.
My Husband is on H1b , His Visa is valid till Jan 25 2020, His Employer Filed the extension in normal processing and it is in progress.

what are my  options to stay in USA legally without moving out of USA in case of H1B rejection.


1) Can I apply for H1B to H4 transfer now ( or in case of H1B rejection before Nov 6,2019) and withdraw the H4 application if I get H1B approval. I am assuming H4 will take time for approval and I can get the H1B result soon as it is filed in premium processing . What is the process to withdraw the H4 application ?

2) For my H1B to H4 transfer , Do I need to file based on my Husband's approved petition (valid till Jan 25 2020) now or Can I use his current filed petition which is in progress.? What is the exact process.


Thanks.

Edited October 12, 2019 by Mohit78

[gopalakrishnach]

1) In case of H1B rejection move to H4. Apply H4 transfer and withdraw later. yes, H4 will be normal process and H1B in premium will be processed quickly by then. Lawyer can help you out.

2) Normally my employer applies my H1B and my wife H4 and H4 EAD together. Yiou can use his petition that is in progress ( if you have petition number) but I do not process.  Please consult experts.

 

[Mohit78]

Thanks , Is going out of USA and get the H4 stamping a better option , or filing H4 and then withdrawing it in case of rejection , which option is better .

Also if we consider to file  EAD along with H4.