Apply for H4 Visa while H1B Extension is in process

[singhalV]

Hello Team,

I am working for a reputed IT company and was sent to USA on H1B 3 years back. Due to personal reasons I had to come back to India 4 months back while my H1B Extension was in process and I am still working with the same company hoping to return back on H1B stamped visa. I have currently received a RFE and my company's Immigration team is taking their own sweet time to respond due to which I am anxious whether or not my H1B will be approved and how much more time it will take for the final decision. 

My husband is in US on H1B and I want to go back to US ASAP. So, I am planning to resign and go back on H4. 

1. How can I file for H4? Should it be through my husband's company or we can file it on our own?

2. Can I go for H4 Stamping in India while my H1B Extension is in process?

3. If I have a H4 stamped and mean time if I also get my H1B approved, can I go for H1B stamping? (assuming my company doesn't withdraw my H1 extension after I resign)

4. Is it advisable to change from H4 to H1 once I am back in the US?

Please help!! Thanks in advance!!

VS

[shekar11#]

On 11/6/2017 at 5:29 AM, singhalV said:

Hello Team,

I am working for a reputed IT company and was sent to USA on H1B 3 years back. Due to personal reasons I had to come back to India 4 months back while my H1B Extension was in process and I am still working with the same company hoping to return back on H1B stamped visa. I have currently received a RFE and my company's Immigration team is taking their own sweet time to respond due to which I am anxious whether or not my H1B will be approved and how much more time it will take for the final decision. 

My husband is in US on H1B and I want to go back to US ASAP. So, I am planning to resign and go back on H4. 

1. How can I file for H4? Should it be through my husband's company or we can file it on our own?

2. Can I go for H4 Stamping in India while my H1B Extension is in process?

3. If I have a H4 stamped and mean time if I also get my H1B approved, can I go for H1B stamping? (assuming my company doesn't withdraw my H1 extension after I resign)

4. Is it advisable to change from H4 to H1 once I am back in the US?

Please help!! Thanks in advance!!

VS

1. You just need to take your spouse docs and go for stamping. No need of company involvement.

2. Yes.

3. Yes.

4. You can change.