H4 question


sapen

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My h1b extension from prev employer was approved after 8 months in Feb 2020 but my wife’s h4 status was still pending. I changed my employer in April 1st week of 2020 and got my h1b approved. However previous employer H-4 got RFE in March 2020 the very next day after a fresh H-4 extension was filed for my wife. Since new employer already applied for h4 we did not respond back for RFE. The RFE response required time was April ending. 

Now the status for previous H-4 extension shows as RFE sent on USCIS website and the status for current H-4 extension shows as case was received. 

Is the current H-4 application extension dependent on the previous H-4  extension application for which the RFE as raised? Or previous gets cancelled and current was applied already?

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If your previous employer has withdrawn your H1b because you changed jobs, then there is a high possibility that your previous H4 will get denied on those grounds as it is H1b dependent. 

Consult an attorney immediately and ask if the previous H4 petition can be withdrawn, as you now have a new H4 petition filed.  Denials do not look good on immigration records.

 

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An H4 is not tied to any employer, it is tied to the primary person's H1. Some employers file H4s as courtesy, but that doesn't mean that the H4 has any connection with the employer. The old H4 would have gone on just fine, and there would not have been any reason to file a new H4.

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