H1b rfe.. employer not ready to respond until Oct 15th.... can I Change to h4 status?

[rkalsulkar]

Hi

One of my friend's h1b got selected this year through a recruiting firm. She got rfe on July 23rd. Employer is not ready to reply the rfe and is giving several reasons. Says will reply by 15th Oct. What happens if
1. She gets h4 stamped meanwhile by going out of country? nd then h1 gets approved?
2. Can an employer do anything if a clause in contract says that she has to pay h1b fees if she doesnt join them on approval?
3. Are there any risks that h4 will not get approved as she has been on F1 for 4 years and worked on OPT?

[shervin143]

1. She gets h4 stamped meanwhile by going out of country? nd then h1 gets approved?
>>> If H1B gets approved later with a new I-94 with an effective date after returning on H4, her status will change to H1B and she should begin working for the H1B sponsor immediately to maintain the H1B status.

2. Can an employer do anything if a clause in contract says that she has to pay h1b fees if she doesnt join them on approval?
>>> Paying for H1B is illegal. Employer should take care of the H1B fee.

3. Are there any risks that h4 will not get approved as she has been on F1 for 4 years and worked on OPT?
>>> That is no reason for a H4 rejection.

[rkalsulkar]

1. She gets h4 stamped meanwhile by going out of country? nd then h1 gets approved?
>>> If H1B gets approved later with a new I-94 with an effective date after returning on H4, her status will change to H1B and she should begin working for the H1B sponsor immediately to maintain the H1B status.

2. Can an employer do anything if a clause in contract says that she has to pay h1b fees if she doesnt join them on approval?
>>> Paying for H1B is illegal. Employer should take care of the H1B fee.

3. Are there any risks that h4 will not get approved as she has been on F1 for 4 years and worked on OPT?
>>> That is no reason for a H4 rejection.

wouldnt this be the case for her application?
Thanks for the assistance.

[shervin143]

What are you trying to ask?

wouldnt this be the case for her application?
Thanks for the assistance.

[rkalsulkar]

Re-posting my follow-up question - would appreciate your response -

Current Situation: Friend's H1b got selected this year - got an RFE on July 23rd - Employer has not responded to RFE yet - Says will reply by 15th Oct.

Anticipated future situation -
1. She gets H4 stamped meanwhile by going out of USA and comes back on H4 Status - applies for H4 EAD.
2. After this H1 gets approved and is issued with the new I-94 - I understand this would be considered CoS from H4 to H1

Questions:
1. What options she has to get back on to H4 status?
2. Would approval of H1 with new I-94 affect H4-EAD application?

Thank you for your responses.

[shervin143]

1. What options she has to get back on to H4 status?
>>> File a COS from H1B to H4 immediately or leave the country and re-enter back in H4 visa.

2. Would approval of H1 with new I-94 affect H4-EAD application?
>>> Yes. There is no H4 EAD when she is no longer in H4 status.

[rkalsulkar]

1. What options she has to get back on to H4 status?
>>> File a COS from H1B to H4 immediately or leave the country and re-enter back in H4 visa.


2. Would approval of H1 with new I-94 affect H4-EAD application?
>>> Yes. There is no H4 EAD when she is no longer in H4 status.

1. Does she need to go through DS-160 and H4 stampimg process again if she chose to leave the country and re-enter back? Or would she just be able to re-enter using already stamped H4?
2. Once she re-entered on H4 again would the previous H4 EAD application still be valid - OR she will have to apply fresh again?

[shervin143]

1. Does she need to go through DS-160 and H4 stampimg process again if she chose to leave the country and re-enter back? Or would she just be able to re-enter using already stamped H4?
>>> She just needs valid H4 visa to er-enter back in H4 status. If the current h4 visa is valid, she can use that.

2. Once she re-entered on H4 again would the previous H4 EAD application still be valid - OR she will have to apply fresh again?
>>> It will remain valid.

[rkalsulkar]

1. Does she need to go through DS-160 and H4 stampimg process again if she chose to leave the country and re-enter back? Or would she just be able to re-enter using already stamped H4?
>>> She just needs valid H4 visa to er-enter back in H4 status. If the current h4 visa is valid, she can use that.

2. Once she re-entered on H4 again would the previous H4 EAD application still be valid - OR she will have to apply fresh again?
>>> It will remain valid.

Thank you very much shervin143