H1 withdrawn moved to H4 - Now H4 to H1

[KAL17]

Hi There,

This is regarding my wife H1 to H4 and now H4 to H1 question.

1. My wife worked on H1B from 2008 to 2011.
2. When her employer applied for H1B extension in 2011 for 3 years, she has received approval for 3 years i.e. up till 2014, at that time she is working in ‘X’ client through the employer.
3. After some time she had to move to ‘Y’ client through the same employer.
4. But unfortunately USCIS inquired in ‘X’ client place whether she is present or not but by that time she had moved to ‘Y’ client.
5. At that time USCIS sends a RFE  to her employer even though she received H1 approval before for 3 years as her employer didn't apply for LCA when she moved to ‘Y’ client place.
6. Her employer replied to RFE but she had to travel to INDIA before she receives answer from USCIS in mid of 2011.
7. She waited for 6 months to receive the answer from USCIS in order to attend for H1 stamping in INDIA, as she didn’t hear anything from USCIS then eventually she has withdrawn her H1 and came to USA based on H4 in Dec 2011.
8. After that we don’t know anything about RFE Or withdraw status and assuming that H1 was withdrawn in end of 2011 or early 2012.
9. Now she is ready to do the job on H1 again through another employer.

Questions…

1. Since she already worked on H1 before, She doesn’t need to wait for yearly quota and can apply as H1 extension using old petition paper work. Will it be a problem if new employer applies based on old H1? As she has received an RFE and eventually withdrawn old H1!
2. If at all USCIS rejects  H1 through new employer, Does it affect to her current H4 status (She had H4 visa stamped on passport till Dec 2014) or just continue with same H4? If Yes, What should we do at that time?
3. I am also on H1 with I-140 approval in hand. Does it affect to me and my wife while applying for EAD & GC in future as USCIS denies her new H1 it is because her old H1 had as issue?
4. Are there any chances that she may get RFE again with new H1 petition? As her old petition was in RFE and eventually withdrawn?
5. If USCIS approves H1 through new company, I believe there will not be any problem!

I’m sorry for the long message but we need to know the answers to above questions before we proceed through new employer for H1 (She almost have an offer in hand now).

 

Thanks much for your time and help.

 

Regards,

Ratna

 

[jairichi]

Hi There,

This is regarding my wife H1 to H4 and now H4 to H1 question.

1. My wife worked on H1B from 2008 to 2011.
2. When her employer applied for H1B extension in 2011 for 3 years, she has received approval for 3 years i.e. up till 2014, at that time she is working in ‘X’ client through the employer.
3. After some time she had to move to ‘Y’ client through the same employer.
4. But unfortunately USCIS inquired in ‘X’ client place whether she is present or not but by that time she had moved to ‘Y’ client.
5. At that time USCIS sends a RFE  to her employer even though she received H1 approval before for 3 years as her employer didn't apply for LCA when she moved to ‘Y’ client place.
6. Her employer replied to RFE but she had to travel to INDIA before she receives answer from USCIS in mid of 2011.
7. She waited for 6 months to receive the answer from USCIS in order to attend for H1 stamping in INDIA, as she didn’t hear anything from USCIS then eventually she has withdrawn her H1 and came to USA based on H4 in Dec 2011.
8. After that we don’t know anything about RFE Or withdraw status and assuming that H1 was withdrawn in end of 2011 or early 2012.
9. Now she is ready to do the job on H1 again through another employer.

Questions…

1. Since she already worked on H1 before, She doesn’t need to wait for yearly quota and can apply as H1 extension using old petition paper work. Will it be a problem if new employer applies based on old H1? As she has received an RFE and eventually withdrawn old H1!
2. If at all USCIS rejects  H1 through new employer, Does it affect to her current H4 status (She had H4 visa stamped on passport till Dec 2014) or just continue with same H4? If Yes, What should we do at that time?
3. I am also on H1 with I-140 approval in hand. Does it affect to me and my wife while applying for EAD & GC in future as USCIS denies her new H1 it is because her old H1 had as issue?
4. Are there any chances that she may get RFE again with new H1 petition? As her old petition was in RFE and eventually withdrawn?
5. If USCIS approves H1 through new company, I believe there will not be any problem!

I’m sorry for the long message but we need to know the answers to above questions before we proceed through new employer for H1 (She almost have an offer in hand now).

 

Thanks much for your time and help.

 

Regards,

Ratna

1. Should not be a problem.

2. No.

3. No.

4. Depends on documents she submits but not based on old petition.

5. Yes.