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Murthy2020

Can H4 status be extended just by traveling outside and entering with a new i797

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Currently working with A. HE transfer approved with B. Visa stamping is valid for the next 6 months. Can H4 dependants travel outside USA and enter back showing the new i797 (with B) to extend their status (ie., I94)?

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H4 Personal need to attend consulate for stamping to get it extended with new i797 petition.Automatic revalidation not possible in this case since transfer approved with the new employer.

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7 hours ago, Murthy2020 said:

Currently working with A. HE transfer approved with B. Visa stamping is valid for the next 6 months. Can H4 dependants travel outside USA and enter back showing the new i797 (with B) to extend their status (ie., I94)?

Yes, they can do that. But need to make sure they show new I-797 and let the officer know.

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22 hours ago, pontevecchio said:

They can only do this if you are working for B when they enter.

Thanks @pontevecchio . If I move to C afterwards, and B withdraws the H1, would that put H4 out of status? 

To clarify, I am asking about these because I want to extend the H4EAD (expiring in the next 6 months) and in the process of transferring to B (& potentially to C afterwards). I am reading up / being told by B's lawyer that the approved i140 (approved for more than 180 days) if withdrawn by my current employer won't allow me to extend the H4EAD. Also know someone who got an RFE for this reason. Would greatly help if you can point to some examples where this was done successfully or the offcial rule/law text that can help fight a potential RFE for the H4EAD if I chose to extend it along with B or C's approval & H4 i139.

 

Thanks

Edited by Murthy2020
Minor changes

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20 hours ago, User099 said:

You should be able to do it. But why don't H4 get a visa and come back to rule out any issues.

Thanks @User099 for replying here and on my other thread. Please see my reply to @pontevecchio

Trying to save time if I file H4EAD renewal using B's transfer approval.

Edited by Murthy2020
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14 hours ago, Murthy2020 said:

Thanks @User099 for replying here and on my other thread. Please see my reply to @pontevecchio

Trying to save time if I file H4EAD renewal using B's transfer approval.

 

USCIS has recently started doing this with few cases where they are asking for the I140 to be valid for EAD to be issued. 

 

 

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7 hours ago, User099 said:

USCIS has recently started doing this with few cases where they are asking for the I140 to be valid for EAD to be issued. 

 

 

Thanks. I agree. As I understand, as per the 180 day rule, i140 approved for more than 180 days cannot be revoked if there was no fraud or misrepresentation.

Do you know of any cases that were approved after such RFEs. If yes, what was the approach taken.

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On 2/21/2020 at 8:31 AM, Murthy2020 said:

Thanks. I agree. As I understand, as per the 180 day rule, i140 approved for more than 180 days cannot be revoked if there was no fraud or misrepresentation.

Do you know of any cases that were approved after such RFEs. If yes, what was the approach taken.

I personally don't have knowledge of anyone who got an RFE about this. But if your attorney is not able to reply to the RFE, you might have to check with a more experienced law firm. 

From USCIS site:

Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:

  • Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
  • Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21).

 

If you see the 2 points here which are listed as a requirement it says OR, so hopefully you meet one of the conditions to qualify for the H4 EAD.

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