H1 approved but H4 was not filed.

[F12H1]

Hello All,
I am in the process of switching employers and got my H1 transfer approval last week. When I had filled up the required documentation I had also filled out the G-28 and I-539 forms required to ensure H-4 is also transferred/approved. Today I got an email from my attorney asking my wife to sign the G-28 and I-539 forms once again so that she can file for H4 extension.

Below is a part of her email...
______
Please note, your wife’s current H4 is valid until 11/14/2015. In H1B change of employer situation, H4 extension is not required to be filed with the principal's H1B transfer as long as the H4 I-94 remains to be valid.



Please see 73 Interpreter Releases 94, 95 (January 16, 1996) for the letter from Jose E. Latour and Assoc, P.A. to Chief of Nonimmigrant Branch Adjudications and the latter's response. It deals with the change of employer situation and affirms that "since the H-4 nonimmigrant classification is not specific to an employer, the H-4 nonimmigrant alien remains in valid status even if the principal alien changes H-1B employers".

http://www.olender.pro/sites/default/files/LaFleur%20Opinion%20on%20H-4%20Change%20of%20Employer%20-%20HQ70-6.2.8-C.pdf

_____

Can someone please let me know

1) If I send the form now and she files for extension how soon can I expect the decision to come? My wife plans to fly to India in November.

2) What could be the reason that the extension was not filled out along with the H1-B transfer application.


Thanks,
F12H1.

[shervin143]

1) If I send the form now and she files for extension how soon can I expect the decision to come? My wife plans to fly to India in November.
>>> It will take anywhere between 2-4 months. It is not advisable to leave the country when the extension is pending with USCIS. If your wife is planning to leave the country before her current I-94 expiry date, then there is no need to file form I-539 to extend the status. It is useless. Upon her return, she can show your I-797 (extended H1B approval notice) to get an I-94 matching your petition expiry date.

2) What could be the reason that the extension was not filled out along with the H1-B transfer application.
>>> Only your employer/attorney could answer that.

[F12H1]

1) If I send the form now and she files for extension how soon can I expect the decision to come? My wife plans to fly to India in November.
>>> It will take anywhere between 2-4 months. It is not advisable to leave the country when the extension is pending with USCIS. If your wife is planning to leave the country before her current I-94 expiry date, then there is no need to file form I-539 to extend the status. It is useless. Upon her return, she can show your I-797 (extended H1B approval notice) to get an I-94 matching your petition expiry date.

2) What could be the reason that the extension was not filled out along with the H1-B transfer application.
>>> Only your employer/attorney could answer that.

Shervin143,
Thanks for the reply back! Upon her return does she need to go to the consulate for an interview or can we use the dropbox service? Also when I travel to India next do I need to go for an interview or just use dropbox service as well? Lastly had the H-4 extension application be sent along the H1 application which was done using PP would it still take 2-4 months for the H-4 application to process or would we have gotten the decision along with H1?


Thanks,
F12H1.

[shervin143]

Thanks for the reply back! Upon her return does she need to go to the consulate for an interview or can we use the dropbox service? Also when I travel to India next do I need to go for an interview or just use dropbox service as well?
>>> Check the below link to find if you both qualify for interview waiver.

https://www.immihelp.com/us-visa-interview-waiver-visa-renewal/

Lastly had the H-4 extension application be sent along the H1 application which was done using PP would it still take 2-4 months for the H-4 application to process or would we have gotten the decision along with H1?
>>> There is no premium for H4. So it totally depends on the officer who handles the case. It can get processed early since H1B is filed in premium or it take take up to 4 months.

[F12H1]

Thanks for the reply back! Upon her return does she need to go to the consulate for an interview or can we use the dropbox service? Also when I travel to India next do I need to go for an interview or just use dropbox service as well?
>>> Check the below link to find if you both qualify for interview waiver.

https://www.immihelp.com/us-visa-interview-waiver-visa-renewal/

Lastly had the H-4 extension application be sent along the H1 application which was done using PP would it still take 2-4 months for the H-4 application to process or would we have gotten the decision along with H1?
>>> There is no premium for H4. So it totally depends on the officer who handles the case. It can get processed early since H1B is filed in premium or it take take up to 4 months.

Shervin143,
Looks like I am eligible.. I checked the link you provided but the language was too legal for me. Below is a questionnaire from the ustraveldocs website, I have answered it along with details, could you review it and confirm dropbox option is applicable for me and my wife?


INTERVIEW WAIVER PROGRAM "DROP-BOX" CHECKLIST
If you can answer “yes” to all of the following questions, you qualify for our Interview Waiver Program “Drop-box”. You do not need to schedule an appointment at a Visa Application Center. Please log in, create your profile, proceed with your application, and print two copies of the submission letter. Drop off your passport along with the listed documents mentioned on the submission letter at one of our 11 service centers.

Eligibility Criteria for all applicants except child below 14 years of age and applicant above 80 years of age or older:

I have a previous U.S. visa in the same class as the visa for which i wish to apply. YES, H1 AND H4
My most recent visa was issued in India. YES, FEB 2013
I received my visa after January 1, 2008. YES, FEB 2013
My most recent visa (in the same class for which I am applying) was issued on or after my 14th birthday. YES, H1 AND H4
I have no refusals for a visa in any class after my most recent visa issuance. YES
If I am applying for an H or L (individual) visa, my prior visa in the same class is still valid or expired within the last 12 months. YES, ITS VALID NOW BUT WILL EXPIRE IN NOV 2015, WE WOULD VISIT INDIA IN NOV 2015.

[shervin143]

You are eligible for interview waiver.

Shervin143,
Looks like I am eligible.. I checked the link you provided but the language was too legal for me. Below is a questionnaire from the ustraveldocs website, I have answered it along with details, could you review it and confirm dropbox option is applicable for me and my wife?


INTERVIEW WAIVER PROGRAM "DROP-BOX" CHECKLIST
If you can answer “yes” to all of the following questions, you qualify for our Interview Waiver Program “Drop-box”. You do not need to schedule an appointment at a Visa Application Center. Please log in, create your profile, proceed with your application, and print two copies of the submission letter. Drop off your passport along with the listed documents mentioned on the submission letter at one of our 11 service centers.

Eligibility Criteria for all applicants except child below 14 years of age and applicant above 80 years of age or older:

I have a previous U.S. visa in the same class as the visa for which i wish to apply. YES, H1 AND H4
My most recent visa was issued in India. YES, FEB 2013
I received my visa after January 1, 2008. YES, FEB 2013
My most recent visa (in the same class for which I am applying) was issued on or after my 14th birthday. YES, H1 AND H4
I have no refusals for a visa in any class after my most recent visa issuance. YES
If I am applying for an H or L (individual) visa, my prior visa in the same class is still valid or expired within the last 12 months. YES, ITS VALID NOW BUT WILL EXPIRE IN NOV 2015, WE WOULD VISIT INDIA IN NOV 2015.

[F12H1]

You are eligible for interview waiver.

Thanks! Looks like a blessing in disguise..