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Responded to H1B amendment RFE & Entering US in H4
Please help me to find the answers for my questions.
My spouse has entered United States in H4 on Jul 2013 which expires on Aug 2015. She got a H1 sponsor in United States and they applied from H4 to H1 COS on Apr 2014, eventually she has moved from H4 to H1 from Oct 2014.
Because of the change in work location her employer has filed the H1 amendment on Dec 2014 and she got a RFE on Mar 2015 and her employer has submitted necessary documents on Apr 2015.
After responding to her H1B amendment RFE on Apr 2015, we have travelled back to Home country (We have never travelled outside the United States since Jul 2013). Since her H1B amendment is not yet approved (current status is "RFE response received"), she can't go for stamping.
Could you please help me with below questions?
1. Whether she can enter into United States with her H4 which expires on Aug 2015? (So, that her employer can file H1B COS for her to start working again in Unites States)
2. How to check whether her H4 is still valid or not (because she has moved from H4 to H1)? (She has called the Home country US consulate and they said they can't provide whether it’s currently valid or not to her)
3. Is it ok to enter United States in H4 when her H1B amendment is still going on?
4. Whether her employer has to withdraw her H1B amendment before she enter into United States on H4?
We would like to enter United States by this weekend(05/24/2015) . Please suggest me the best solution for my current scenario?
My spouse has entered United States in H4 on Jul 2013 which expires on Aug 2015. She got a H1 sponsor in United States and they applied from H4 to H1 COS on Apr 2014, eventually she has moved from H4 to H1 from Oct 2014.
Because of the change in work location her employer has filed the H1 amendment on Dec 2014 and she got a RFE on Mar 2015 and her employer has submitted necessary documents on Apr 2015.
After responding to her H1B amendment RFE on Apr 2015, we have travelled back to Home country (We have never travelled outside the United States since Jul 2013). Since her H1B amendment is not yet approved (current status is "RFE response received"), she can't go for stamping.
Could you please help me with below questions?
1. Whether she can enter into United States with her H4 which expires on Aug 2015? (So, that her employer can file H1B COS for her to start working again in Unites States)
2. How to check whether her H4 is still valid or not (because she has moved from H4 to H1)? (She has called the Home country US consulate and they said they can't provide whether it’s currently valid or not to her)
3. Is it ok to enter United States in H4 when her H1B amendment is still going on?
4. Whether her employer has to withdraw her H1B amendment before she enter into United States on H4?
We would like to enter United States by this weekend(05/24/2015) . Please suggest me the best solution for my current scenario?
