H1 B RFE - NOT IN A POSITION TO TRAVEL

[Rk2019]

Current Situation: 

• H1 B extension is applied in premium processing and received RFE
• My I94 expiry date: 15 Nov,2019
• My company will respond to the RFE in 1-2 months and I expect to receive a response between mid Dec/January
• I cannot travel starting December due to health issues(pregnancy)
• My Husband is also on H1 B with expiry in 2021

Questions:

• While my company is responding to H1B RFE, can I file a H4 simultaneously before my I94 expiry?
• If I file a H4 will that impact my H1B RFE processing?
• If I get an approval on H1B, can I withdraw the H4 application?
• In case of a denial on H1B, will I be legally allowed to stay in US based on the H4 application?
• Is there any other way that I can avoid travel in case I receive a denial?

 

 

[pontevecchio]

You should plan to apply for H4 status now and ask the company to hold off so that you will be undergoing a COS to H4 and once the baby is old enough, you can return to work. You should then plan to stop work on November,15 and inform the company accordingly. 

[gopalakrishnach]

I feel

1) Better

2) Nope

3) Yes

4) Yes

5) both H1B and H4 denied, I am sorry you cannot stay since you do not have any legal status but be positive I feel H4 must be approved atleast.