Status change from H4 to H1B and vice versa

[hemanthpdeep]

Hi,

 

My wife's H1B petition application got selected last years i.e. 2013 lottery with an RFE (unknown, yet to get its details from attorney). Accordingly her employer has filed the RFE response and USCIS received it on 13th August, but case is still in "Response Review" status. Meanwhile we have filed her H4 on 24th October for safer side and its in "Initial Review" status.

 

If am not wrong, as her case status is pending with USCIS, she can stay in US legally. To hear H1B decision at the earliest, now we have requested the employer to apply for premium processing.

 

With all these facts, I have couple of doubts kindly help me in getting them clarified.

 

1. If her H1B gets approved and then H4, can she leave the country on H4, get stamped, re-enter USA and then apply change in status to H1B?

 

2. Can we request for H4 processing cancellation if her H1B gets approved at the first place? Such that she can leave country on H1b, get stamped and re-enter on H1B status. If something goes wrong while stamping, we can file for H4 later. Please suggest which is the best option.

 

Thanks,

 HemanthPdeep

[jairichi]

Hi,

 

My wife's H1B petition application got selected last years i.e. 2013 lottery with an RFE (unknown, yet to get its details from attorney). Accordingly her employer has filed the RFE response and USCIS received it on 13th August, but case is still in "Response Review" status. Meanwhile we have filed her H4 on 24th October for safer side and its in "Initial Review" status.

 

If am not wrong, as her case status is pending with USCIS, she can stay in US legally. To hear H1B decision at the earliest, now we have requested the employer to apply for premium processing.

 

With all these facts, I have couple of doubts kindly help me in getting them clarified.

 

1. If her H1B gets approved and then H4, can she leave the country on H4, get stamped, re-enter USA and then apply change in status to H1B?

 

2. Can we request for H4 processing cancellation if her H1B gets approved at the first place? Such that she can leave country on H1b, get stamped and re-enter on H1B status. If something goes wrong while stamping, we can file for H4 later. Please suggest which is the best option.

 

Thanks,

 HemanthPdeep

1. If her H4 gets approved after H1B approval either she can exit and enter US with H1B visa or employer files again for COS from H4 to H1B. I doubt employer would be interested at it would involve paying H1B fees again.

2. You could request USCIS to withdraw her H4 application but most if the time withdrawal does not occur.

[pontevecchio]

1. She needs to then get a H1 visa and return to start work. If denied she can come back in H4 status after getting the H4 visa. I am puzzled. You have a Lawyer?

2. Yes. But no guarantees. Safest to leave and return with the appropriate visa.

[JoeF]

After 1/2 year, you don't know what the RFE was about?

Why doesn't she ask the employer? If the employer doesn't want to say, it is probably a shady employer.

I suggest finding a better employer.