RaGaj Posted September 19, 2018 Report Share Posted September 19, 2018 Hello All, I am currently on my H1B visa and I recently got my I140 approved. My H1B extension is due next month and started for extension process. My wife has her own H1B and she has applied for her H1B extension but got RFE. Her employer and herself are preparing documents to respond RFE questions. My worry is if she and her employer responds and worst case if her visa extension gets rejected she would have to leave the country in 10 days. Since I have my I140 approved, I was thinking if it makes sense for me to apply H4 visa for her in parallel and then H4 EAD. But I am not sure how it works? Will they void the H1B extension application since there will be H4 application as well? I am confused about the timing. Apply for H4 and H4 EAD before OR after USCIS decision is my question and not sure of pros and cons of those options? Appreciate any inputs/suggestions on this. I am trying to get hold of immigration services to get their advise, thought I would post here if someone has been through similar situation Note: This is my first post, apologies if I may have posted in a wrong forum or asked an already answered question Link to comment
NotAnAttorney Posted September 19, 2018 Report Share Posted September 19, 2018 Best approach..file your extension in premium and attach her COS ( with future start date so that her employment could be planned) to H4 and also H4 EAD application. You should get decision before her employer responds for RFE. Once you have this approved, her employer could withdraw the H1B. Link to comment
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