H1B RFE- CoS Question

[Sid786]

Hello,
My wife and I are on H1B and her extension got an RFE recently and now a days her employer is reluctant on even responding to RFEs in some cases. We did not receive the RFE details yet but thinking to have a back up plan by filling H4+EAD. My questions are:
1. Can we file Change of status H4+EAD in parallel to current H1B petition that got RFE?
2. If we can file the change of status H4+EAD in parallel will that have any impact on current H1B petition (if employer choose to reply RFE or refile) or Vice a versa?

Thanks in advance!
Sid

[User099]

1. Yes

2. It will not have any impact on the petition, but the order in which they are approved will play a important role. The last petition that get approved will determine the status you will end up on.

If H1 is denied and H4 and EAD is pending, you can't work. 

 

[gopalakrishnach]

1. I guess Yes.

2. N. I guess

[02112018]

1. You may

2. Yes, if your employer reply before officer take action on h4 then h1 may approve/deny. If officer work on h4 as the h1 is pending for rfe reply then h4 may approve.

[varunp]

Hi All,

We are also in the same situation and my wife going to maternity in couple of months.

My wife and i are on H1B. She filed H1B extension and received RFE asking for SOW and Client Letter. Employer didn't share the RFE yet.

It looks like they have SOW month - month basis and Client is not willing to provide Client letter. They are providing MSA contract between the Employer and Client. 

Need your help on the below questions.

1. She filed for H1B extension in Nov 2019 and I-94 expired in May 5th, 2020. Is she eligible for COS now from H1 to H4 & H4 EAD as a backup plan based on my I-140?

2. What are the chances of getting H1B approval based on submitting MSA for RFE response?

4. Is it wise to submit month - month basis SOW?

3. If it gets denied, as my wife will be in maternity and not sure if she needs to leave the country immediately?

Appreciate your response on this..!

Thanks & Regards

Varun

[User099]

Since her I94 is expired, she can't apply for a COS and ask for an I94 extension. You should have filed for it before.

Submitting the month to month SOW will give her a approval for only that month, which is risky. But once she gets this approval for her H1 or a past dated approval, Check with an attorney to see if they can file a NPT and do a COS due to her current situation and Covid.