2 H1B Extension Petitions pending with USCIS

[Balakrishnan D]

1. H1B Expiry Dec 3rd 2019 and i94 expiry on Dec 13th 2019

2. H1B Extension Filed on Aug 29th 2019 with NSC

3. H1B Petition Transferred to VSC and no updates after that.

4. H1B Extension cum Amendment filed with USCIS on May 27th 2020 as my client location changed with TSC.

5. Petition mentioned in #4 is converted to premium on June 15th 2020

6. RFE received on Jun 17th 2020 for the petition mentioned in #4

7. My 240 days expiring on July 30th 2020

Based on the above, please let me know if you can suggest on below questions,

1. What i should do if my Petition mention in #4 is denied? Can i wait for the first petition decision before leaving the country?

2. What options i have if my first petition is denied and second one is approved?

3. What options i have if my first petition is approved and second one denied?

4. If none of the above works for me then can i apply to H4 as my spouse is already on approved H1B and residing in US?

 

Edited July 16, 2020 by Balakrishnan D
added one point

[pontevecchio]

These questions are very relevant to you. Is there any reason why you are not running these questions by the lawyer who filed the Premium Processing? You can certainly apply for a COS to H4 and in the many months that will take, you can continue to stay in H1 status if your petition is approved. If the H4 application cannot be stopped, you can certainly again apply for a COS to H1. If the H1 petition is denied, the pending COS to H4 lets you stay and wait for a Post Covid World.

[gopalakrishnach]

1. What i should do if my Petition mention in #4 is denied? Can i wait for the first petition decision before leaving the country? --- your first petition conditions changed so I am not sure that will be approved. I feel if #4 is denied since I94 is expired you need to leave ASAP.

2. What options i have if my first petition is denied and second one is approved? ---- do you still have this job/project? asnwer yourself.

3. What options i have if my first petition is approved and second one denied? - I am not sure first will be approved.

4. If none of the above works for me then can i apply to H4 as my spouse is already on approved H1B and residing in US? This is best and apply just to be safe side. Once H1B is approved you can revoke H4.

So many permutations and combinations. Better discuss with employer.