sapen Posted September 11, 2020 Report Share Posted September 11, 2020 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? Quote Link to comment
gopalakrishnach Posted September 14, 2020 Report Share Posted September 14, 2020 If possible revoke old H4 petition. I feel current will not depend on old H4 petition. I feel if RFE is not replied it gets rejected not cancelled. Quote Link to comment
Zodiac System Posted September 16, 2020 Report Share Posted September 16, 2020 If your previous employer has withdrawn your H1b because you changed jobs, then there is a high possibility that your previous H4 will get denied on those grounds as it is H1b dependent. Consult an attorney immediately and ask if the previous H4 petition can be withdrawn, as you now have a new H4 petition filed.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. Quote Link to comment
JoeF Posted September 16, 2020 Report Share Posted September 16, 2020 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. Quote Link to comment
sapen Posted September 22, 2020 Author Report Share Posted September 22, 2020 Thanks for all replies. I still see the old H-4 status showing "RFE has been sent". Can we still respond to old H-4 and have it revoked? by any attorney? The new H-4 just completed 6 months today. But status still shows as "we received the case and sent you a receipt" Quote Link to comment
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