Change to H4 during RFE

[H1TransferGirl]

Hi All

 

I have a question.

 

I was with company ABC a consultancy with H1B valid till 2016. I94 is also valid till 2016.

 

I moved to a full time company XYZ in October, its a small american company around 30 people who implements government health projects. They have around 20-30 government clients in different states. I don't work at client location and doesn't report to client manager. I work in my office XYZ in my cube and my manager XYZ assigns my work and have XYZ email id itself. 

 

When i applied for H1 transfer, XYZ paid all expenses and their attorney suggested to go for regular processing and then expedite to premium if need.So i went with that option. I think i made a mistake and shouldn't have resigned ABC without successful transfer. I thought i am not into consulting anymore and is full time, so i shouldn't have visa issues.  I received email from ABC today that they have revoked my visa, so i contacted my HR at XYZ and they expedited my application to Premium today.

 

I think my transfer should not have any issues as there is no issue of EE relationship etc, but just in worst case if i get RFE asking for any client letters ( in my case there are no letters as i dont work for client) can i change my status to H4 based on my wife during RFE. In case of RFE my attorney will take care of it and will respond to USCIS. Atleast apply for H4 so that in worst case if this transfer gets denied , my H4 is already in processing state which makes me not go out of status. 

 

If all goes well and my transfer is done, i will withdraw my H4 application. I am not sure if this is valid scenario or not. 

 

So my questions are 

 

1) Can we apply for COS to H4 during RFE

2) Does applying to H4 during RFE creates any issue for original H1 transfer.

 

Thanks

[jairichi]

Do not complicate the situation. Let the decision on H1B petition be made and based on that apply for H4 (if required).

[H1TransferGirl]

Do not complicate the situation. Let the decision on H1B petition be made and based on that apply for H4 (if required).

Thanks Jai. Make sense. I dont thinks i can do COS to H4 in worst case if hat H1 is denied, i am planning to go to India immediately and get H4 stamping done once i receive denial letter.

 

Do you think i will face any issues during H4 visa interview because i was out of status for 2 months during this pending transfer ? Technically i am out of status, but its a genuine reason and left USA immediately on decision date. 

[jairichi]

Thanks Jai. Make sense. I dont thinks i can do COS to H4 in worst case if hat H1 is denied, i am planning to go to India immediately and get H4 stamping done once i receive denial letter.

 

Do you think i will face any issues during H4 visa interview because i was out of status for 2 months during this pending transfer ? Technically i am out of status, but its a genuine reason and left USA immediately on decision date. 

You should be fine for a H4 visa. And, if asked by VO just mention the true reason and this situation of yours is pretty understandable.