H4 and H1B at the same time

[semalaiappan]

Hello , My wife's status is expires on Sep 14th if we exclude severance pay otherwise Sep 28th . This days are determined by 60 days rule as my wife was laid off from H1B visa job on July 16th and gave 2 weeks severance pay till July 31st .  Given that current situation ,  I  already applied H4 and H4 EAD both got receipt number as I have I140 with my H1B job and meanwhile  my wife got new offer last friday so she is  applying H1B transfer regular processing with new employer at the earliest , this will happen before Sep 28th .

Question here is 

1 .  As soon as she get H1B Transfer receipt number , she will start the new job ,  Let say She gets RFE after 4 months from USCIS for any reason and then 3 months to reply for RFE . If meanwhile she gets H4 & H4 EAD gets approved by this time we have around 8 months time over  ,then can she revoke H1B which is in RFE and continue to work with same job using H4 EAD ?  Does this possible or she have to get H1B Transfer  approved before moving H4 status ?   

[LeaveMessageH1B]

18 hours ago, semalaiappan said:

can she revoke H1B which is in RFE and continue to work with same job using H4 EAD ?

Yes (with EAD card in hand)

 

Simultaneous H1b/h1b Transfers and H4 applications are prefect recipe for very long delays. 

 

Do not get confused with severance pay date, her 60 day starts from day of actual layoff which is July-16 as per your post.