H4 to H1 on H4 transfer receipt notrice

[saahil]

Me and my spouse are on H1 and H4 visa status. My spouse filed for change of status from H4 to H1 in April 2015 and received an RFE on July 07, 2015. I have changed my employer on Aug 10, 2015 and my H1 was approved but my spouse H4 extension was not approved yet. We have received the USCIS receipt notice on Aug 310, 2015 for my spouse H4. Now my spouse employer will be sending a response to the RFE on Sep 5, 2015.
My concern is as my that presently my spouse has not received H4 approval, and only has the USCIS receipt notice for H4. Can my spouse new employer reply to the RFE with the receipt notice? Please guide me.

Thanks,
S

[shervin143]

What was the RFE for? When is your spouse's current I-94 expiring?

[saahil]

The RFE is regarding my spouse employer. USCIS requested for some more documents from the employer.
My spouse I-94 is expiring in April 2016, which was with my previous employer.
I have my H1 approved until Aug 2016 with my current employer.
As H4 transfer is not approved yet, we do not have new I-94 for my spouse. We just have the h4 receipt from USCIS.

[saahil]

The RFE is regarding my spouse employer. USCIS requested for some more documents from the employer.
My spouse I-94 is expiring in April 2016 which is with my previous employer.
I have my H1 approved with my new employer until Aug 2016.
As my spouse H4 is not approved yet, we just have the USCIS receipt notice for the H4 transfer filed by my current employer.

[shervin143]

There is no such thing as H4 transfer. H4 is not associated to any of your employers. H4 is associated to your H1B status irrespective of who your employer is. Just because you change employer, there is no reason to file I-539 for your wife. You should do that only if your dependent's I-94 is expiring within the next 6 months. You just unnecessarily complicated the situation by filing a H4 extension when her H1B COS is pending. Since her I-94 will actually expire only in April 2016, there is no need to file H4 extension now.

The problem now is, if H1B COS gets approved before the H4 extension comes through, she will need to immediately start working for the employer (from Oct 1st) to maintain the H1B status. If H4 extension comes after Oct 1st (after H1B approval), her status will change back to H4 and she cannot work.

That being said, your wife's employer doesn't need to send the H4 receipt notice while responding to the RFE. They just need to send only the documents requested in the RFE.

The RFE is regarding my spouse employer. USCIS requested for some more documents from the employer.
My spouse I-94 is expiring in April 2016 which is with my previous employer.
I have my H1 approved with my new employer until Aug 2016.
As my spouse H4 is not approved yet, we just have the USCIS receipt notice for the H4 transfer filed by my current employer.

[saahil]

Thanks for your help.
Say suppose my spouse H4 gets approved and then later H1B gets approved before Oct 1st, 2015 then she can start working with her employer from Oct 1st, 2015.
I assume as the latest status would be H1B, there will be no issues?? Please correct if am wrong.....!!!!

Say suppose her H1b gets approved before H4 extension is approved, then is there any procedure where in we can raise a request with USCIS to stop processing the H4 extension and continue with the H1B status?

Please advice..

[shervin143]

Say suppose my spouse H4 gets approved and then later H1B gets approved before Oct 1st, 2015 then she can start working with her employer from Oct 1st, 2015.
>>> Yes. As per the last action rule, whichever petition gets effective last will take precedence.

I assume as the latest status would be H1B, there will be no issues?? Please correct if am wrong.....!!!!
>>> That is correct.

Say suppose her H1b gets approved before H4 extension is approved, then is there any procedure where in we can raise a request with USCIS to stop processing the H4 extension and continue with the H1B status?
>>> You can send a letter to USCIS saying that you do not wish to proceed with the H4 extension and would like to withdraw the application. But there is no guarantee that they will act on it immediately. There are chances the H4 gets approved even after you send a request to withdraw the application.

[saahil]

While filing my H1 transfer with my new employer on Aug 10th, 2015 my spouse H4 extension was also filed in the premium process. My H1 got approved within couple of days but as there was an issue with my spouse H4 documents where in the documents were printed on both sides, USCIS sent the H4 documents back and requested to print and send 1 sided documents. We have sent the correct documents and received the receipt notice on Aug 29th, 2015.
Due to this confusion of 2 sided printed documents, there is a delay in H4 extension approval.
My question is, as my H1 transfer petition was filed under premium process and USCIS sent back my spouse documents, which we have again responded back with correct documents, i would like to know if my spouse H4 extension will also be considered under premium process????? as they were filed earlier in the same package along with my H1 transfer petition under premium process???

Please let us know how long will this complete process take to get approved??????

[shervin143]

There is no premium process for H4. So USCIS can take anywhere between a couple of weeks to 3-4 months to give you a decision. In most cases when H1B/H4 extensions are filed together and if H1B is filed in premium, USCIS at times will approve the H4 along with the H1B within 15 days. But there is no guarantee that they will always do that.

While filing my H1 transfer with my new employer on Aug 10th, 2015 my spouse H4 extension was also filed in the premium process. My H1 got approved within couple of days but as there was an issue with my spouse H4 documents where in the documents were printed on both sides, USCIS sent the H4 documents back and requested to print and send 1 sided documents. We have sent the correct documents and received the receipt notice on Aug 29th, 2015.
Due to this confusion of 2 sided printed documents, there is a delay in H4 extension approval.
My question is, as my H1 transfer petition was filed under premium process and USCIS sent back my spouse documents, which we have again responded back with correct documents, i would like to know if my spouse H4 extension will also be considered under premium process????? as they were filed earlier in the same package along with my H1 transfer petition under premium process???

Please let us know how long will this complete process take to get approved??????