H4 to H1 Conversion is in RFE and a query on current H4 status

[post2ramki]

Hi,

 

I was working for Employer A on H1 and my wife had a approved H4 from my Employer A and valid till Sep 2015.

 

An Employer has applied H1 for my wife this year in March and after that i have moved to the Employer B.

When changing my Employer, Attorney has suggested not to apply a H4 for my wife as a open case for the COS is still pending with USCIS.

 

Recently, My wife's H1 moved to RFE. So, I have the below queries:

 

1. Is my wife legal to stay now?

2. As per the H1 guidelines, new H1b candidates can start working from October 1st. If my wife did not get the RFE cleared by october 1st, Can she start working from October?

3. If our fate is bad and my wife's H1 is denied, does she go immediately to the out-of-status? or we have sometime to apply H4 with my employer B? 

 

Please Consider my wife's H4 with my employer A is still valid till Sep 2015 when answering the questions 1 & 3.

 

Thanks

Ramki

[pontevecchio]

Your wife is in H4 status based on your valid H1 status with ANY EMPLOYER. Her H4 status has no connection to your previous employer.

 

1. Yes

 

2. NO

 

3. What has fate got to do with this? Either the RFE is answered to their satisfaction or it is not. If denied she remains in valid H4 status.

 

Again H4 is not employer dependent. The next time she travels she will need to show your latest H1 petition approval to come back.