H1b to H4 conversion: received RFE

[crazyoutlook21]

Hi,

My wife lost job on x day and we filed for H4 application on x+20th day. In the mean time she did not get paid and required atleast two weeks to collect all the documents from previous employer(including employment letter and other things) which were submitted to USCIS along with my all documents.

A few days back USCIS sent an RFE, however, we haven't received any RFE yet. Has anyone encountered this kind of situation in the past?

Our only fear is there was no payroll for 20 days and USCIS should not consider her out of status. If RFE says so then shall I ask her to go back to India and get H4 stamped and come back again?

is there a risk here?

[rahul412]

My wife lost job on x day and we filed for H4 application on x+20th day.

Any reason for 20days gap? It's a big gap.

I guess you know that your wife was out of status once she was laid off.

Better to consult an attorney.

[crazyoutlook21]

Hi Rahul--- Yes I do understand that she was out of status, but it took some time for us to collect all the docs and send it to my attorney, she prepared case and sent it to USCIS. I believe USCIS understands this period and should give some flexibility. Termination of employment was an unexepected event, if we had known about this situation I would have filed her dependent visa right away.

Any one faced same situation. ?

[rahul412]

Hi Rahul--- Yes I do understand that she was out of status, but it took some time for us to collect all the docs and send it to my attorney, she prepared case and sent it to USCIS. I believe USCIS understands this period and should give some flexibility. Termination of employment was an unexepected event, if we had known about this situation I would have filed her dependent visa right away.

Any one faced same situation. ?

Filing H4 doesn't take much time as far as my knowledge.

There are hundreds of cases like this. All they did was filing COS to H4 immediately.