H1 RFE referring a H4 RFE

[kameet80]

Hello

I have a quick question. Here is my status

Got layed off from a company on Aug 18th, 2012. So I applied for H4 visa on Aug 24th, 2012 normal processing at VSC, as my wife is working .

My company revoked my H1b on Sept 15th , 2012.

Last month I got a new job and my company filed my H1 on Dec 6th premium processing. On Dec 13th, I got a RFE on H1 visa . And on Dec 17th I got a RFE on H4 visa.

H1 RFE states that :- you have an RFE on H4 visa. You need to get an approval on that first before we can make a decision on H1

H4 RFE states:- you need to prove that you have been maintaining status throughtout 2012.

We have all documents for H4 RFE and my lawyer responded to the RFE on friday. My question is

Since H4 is normal processing(and we cannot upgrade to premium as per lawyer), I think it may atleast take 1 month to get an answer on RFE, What are my options to respond to H1 RFE?

1) Do I have to wait till I hear on H4 RFE?

2) OR , I can respond to H1 RFE, refering to H4 RFE and including a letter about whats asked in H4 RFE and include all documents we sent for H4 RFE. And request VO to adjudicate both H1 and H4 togetehr ?

Any thoughts? If this H4 thing takes more than 1 month, i dont think the company wwill wait that much

The H4 RFE

[pontevecchio]

Firstly you have a Lawyer. Are you talking about a H1 with COS from H4?

[kameet80]

Hi Pontevecchio

Thanks. I would really appreciate any suggestion / opinion. Yes , the case is COS from H4 ( regular processing) which got a RFE to H1 ( Premium Processing) which also got a RFE.

We replied to H4 RFE on Dec 24th.

So the question is to get an approval on H1 RFE,

1) Do I have to wait till I hear on approval/denial on H4 RFE?

2) OR , I can respond to H1 RFE, refering to H4 RFE and including a letter about whats asked in H4 RFE and include all documents we sent for H4 RFE. And request VO to adjudicate both H1 and H4 togetehr ?

Thanks for your help !!

[wiweq]

1) Do I have to wait till I hear on approval/denial on H4 RFE?

=> You shouldn't have done the H1b with COS. Because you were not on H4 status, no point of COS. You should have filed H1b transfer with the H4 receipt. The H4 receipt shows that you are 'in status'. The same case had heppened to me last year and I did the same what I just said. My employer filed my H1b (PP) with receipt of H4 and once H1 was approved, I cancelled the H4 processing. Now, in your case you need to wait for H4 approval to approve the H1b with 'COS'.

2) OR , I can respond to H1 RFE, refering to H4 RFE and including a letter about whats asked in H4 RFE and include all documents we sent for H4 RFE. And request VO to adjudicate both H1 and H4 togetehr ?

=> Without 'actually being' in H4 status you cannot file H1b with COS. Your H4 status will start once your H4 is approved. Generally, it takes 2-3 months from the receipt date.