L2 to H4 when H1b is waiting for RFE reply


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Hello, my problem is described below

1) I am on L1 in USA, applied for H1b and got approved to be effective from Oct-01-13

2) My spouse who is on L2 also applied for H1b, but got RFE and we will reply to RFE in next couple of days with Premium processing.


My Questions are

3) How soon does USCIS will respond to RFE reply with Premium processing.

4) Do I need to apply H4 for my spouse( assuming that if there is a delay in getting my spouse H1b approval before Oct-01)

5) If i need to apply H4 for my spouse and if it gets approved before H1b approval do i need to apply again for change of status from H4 to H1.

6) If H1b approves before H4 , then do we need to notify USCIS.

7) How many days before of Oct-01-13 do i need to apply for H4.


Could you please let me know your opinion.

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The fact of the matter is a COS is applicable only if one is in status. Your spouse will not be in status from October,1 unless the H1 petition is approved by then. If it carries on beyond October,1 then your spouse will need CP as a COS will not be granted. So you can wait and hope the H1 is approved before October,1 or if the H1 is approved later she will need CP for the H1.

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