COS (H4 to H1) filed and H4 filed


Sonu K

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Hi,
 
I have got an RFE on my COS (H4 to H1B) requesting information about the position itself, essentially further showing that it falls under the specialty occupation requirement. My company immigration team is working on RFE. 
In parallel I have also filed my H4 extension (Note: there is no H4 EAD filed.) for which Biometrics is scheduled on 12th Nov. If I fail to appear as scheduled, my application, petition will be considered abandoned. This H4 is filed just for safer side to be in USA just in case H1B did not get approve.
 
 
What do you suggest should I go for biometrics or should I reschedule it? Is there any case where applicant request for H4 revoke but H4 gets approved? I am asking this because I do not want to take any chance.
 
Thanks!
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15 hours ago, Sonu K said:
Hi,
 
I have got an RFE on my COS (H4 to H1B) requesting information about the position itself, essentially further showing that it falls under the specialty occupation requirement. My company immigration team is working on RFE. 
In parallel I have also filed my H4 extension (Note: there is no H4 EAD filed.) for which Biometrics is scheduled on 12th Nov. If I fail to appear as scheduled, my application, petition will be considered abandoned. This H4 is filed just for safer side to be in USA just in case H1B did not get approve.
 
 
What do you suggest should I go for biometrics or should I reschedule it? Is there any case where applicant request for H4 revoke but H4 gets approved? I am asking this because I do not want to take any chance.
 
Thanks!

Go ahead and give bio-metrics. If your H-1 is approved after you submit RFE, you can request for H-4 extension application revocation.

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Keep both the process going. If H4 to H1 gets approved before your H4 gets approved. Then withdraw H4.

If H4 gets approved before H4 to H1 COS, then when H4 to H1 COS gets approved...your already approved H4 will anyways go away.

This will you will cover things in all aspects. Contact your attorney and explain the situation to take their opinion too.

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If I withdraw H4 extension after H1 gets approved then will USCIS acknowledge and withdraw the H4 application.

I was reading online it was said that USCIS takes few weeks to few months to withdraw. The withdrawal can cross and status you don’t want, may end up getting approved. Is it safe that way?

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20 hours ago, Sonu K said:

If I withdraw H4 extension after H1 gets approved then will USCIS acknowledge and withdraw the H4 application.

I was reading online it was said that USCIS takes few weeks to few months to withdraw. The withdrawal can cross and status you don’t want, may end up getting approved. Is it safe that way?

Safest way is to go out of country and come back with H-1 status once your H-1 petition is approved. That way your H-4 application will be abandoned as soon as you step out of the country.

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