Apply for H4 when H1B transfer is in progress

[H1BDES]

Hello, 

I'm on a H1B visa valid till Sep 2022. My new employer has applied for H1B transfer recently. While the H1B transfer is in progress, can I get married to a non-US citizen and apply for a H4 visa for my spouse. My fiance is on grace period after completing OPT STEM extension(F1 Visa). 

Thanks.

Edited April 16, 2020 by H1BDES

[User099]

Yes, you can. H4 will be approved after the H1 transfer is approved. 

[GCoder]

AFAIK, you need valid & approved H1B petition to apply for H4. If you have moved to new employer on receipt, you need to wait for approval before you can apply H4 for your spouse. If you are still working for current employer, you can use the current petition to apply for H4

[User099]

22 hours ago, GCoder said:

AFAIK, you need valid & approved H1B petition to apply for H4. If you have moved to new employer on receipt, you need to wait for approval before you can apply H4 for your spouse. If you are still working for current employer, you can use the current petition to apply for H4

This is not true. You can apply for H4 with a pending H1 receipt number.

[Bharathbcm]

Hi, 

I am on H1b, my i94 expired on Jan 10th 2020. I got RFE for my H1b application on Feb 23rd and reply by date is May 11 2020. While i am working on replying i have applied for H4 EAD on April 13th. What happens if i cannot reply to RFE or reply to RFE gets denied. 

1. If the H1b application gets denied what date is it considered denied? the date RFE was not replied(chances are there my project will end i might not get enough documents) ie May 11th 2020 or the original expiry date Jan 10th 2020?

2. does it mean i am in invalid status during Jan 10th 2020 to April 13th 2020?

3. when i know i could not reply to RFE, when do i need to stop working?

Edited April 23, 2020 by Bharathbcm

[User099]

You will get a denial notice in mail and that will be the date you should go with. You will have 30 days to appeal or leave the country with in a reasonable period of time (like 2-3 weeks) if your petition is denied. 

Its better to talk to your attorney or employer if they are not planning to reply to the RFE. I think you are ok till the RFE reply by date. 

[Bharathbcm]

Thanks you for your Clarification. What would be the denial date if i could not reply to RFE (ie will it be a date my RFE reply by date in this case May 11th) since i have already filed for H4 EAD COS on April 10th 2020 do i still need to leave the country once i get denial notice.  

[User099]

You will get a denial notice saying you did not respond to the RFE and petition is denied. Since you applied for COS to H4 after I94 expiry date, I think you COS will be denied. You should check with an attorney. 

On 4/30/2020 at 7:30 PM, Bharathbcm said:

Thanks you for your Clarification. What would be the denial date if i could not reply to RFE (ie will it be a date my RFE reply by date in this case May 11th) since i have already filed for H4 EAD COS on April 10th 2020 do i still need to leave the country once i get denial notice.