madhusudhanrp Posted September 10, 2013 Report Share Posted September 10, 2013 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. Link to comment
Attorney_23 Posted September 10, 2013 Report Share Posted September 10, 2013 Generally speaking, once an RFE is responded to, the USCIS will issue a decision within 15 calendar days (assuming the case is filed using premium processing.) Filing a application to change status to H-4 while a petition to change to H1B status is pending could be problematic, depending upon the circumstances. Link to comment
madhusudhanrp Posted September 10, 2013 Author Report Share Posted September 10, 2013 Thanks a lot, could you please let us know in how many days before do we need to apply for H4 Link to comment
pontevecchio Posted September 10, 2013 Report Share Posted September 10, 2013 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. Link to comment
Employee99 Posted September 10, 2013 Report Share Posted September 10, 2013 Even My case is same. My attorney suggest to apply for COS (from L2 to H4) and she stay in USA and once H1 is approved, we can withdraw H4 Petition. Link to comment
Employee99 Posted September 11, 2013 Report Share Posted September 11, 2013 And also Since H4 takes 2-4 months , it is expected that we will know the H1 status in max 1 month (premium processing) and then we can withdraw H4 Petition. What does your attorney say? Link to comment
madhusudhanrp Posted September 14, 2013 Author Report Share Posted September 14, 2013 it looks we should not file H4 while H1 case is in-pending Link to comment
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