H4 to H1b under cap exempt

[[email protected]]

Hi,

I first entered US in May 2013 on H1B and stayed till April 2014(1 Year) . I went back to India, got married and again entered US on 1st August 2015 on H4.

Now my H1B stamping from my first company expired on August 30th 2015. My Husband's H1B expired on September 30th 2015. He has filed for an extension on premium along with my H4 extension. However he got an RFE on October 13th 2015.

A company agreed for COS on H1B cap exempt for me and filed it on October 10th on premium.

1. 15 days for approval is calendar days or working days?
2. Will my H1 approval get delayed till my H4 extension is processed ?
3. RFE on my husbands's VISA, How long will his approval be delayed for.


Much Thanks,
Swati

[shervin143]

1. 15 days for approval is calendar days or working days?
>>> 15 calendar days from the date of receipt notice to get a decision on your case.

2. Will my H1 approval get delayed till my H4 extension is processed ?
>>> Was the H1B COS filed after your I-94 expiry date. If so, it will be a bridge petition.

3. RFE on my husbands's VISA, How long will his approval be delayed for.
>>> It takes another 4-5 months from the date of receiving the RFE documents. His employer can upgrade to premium and get the result within 15 days.

[[email protected]]

1. 15 days for approval is calendar days or working days?
>>> 15 calendar days from the date of receipt notice to get a decision on your case.

2. Will my H1 approval get delayed till my H4 extension is processed ?
>>> Was the H1B COS filed after your I-94 expiry date. If so, it will be a bridge petition.

3. RFE on my husbands's VISA, How long will his approval be delayed for.
>>> It takes another 4-5 months from the date of receiving the RFE documents. His employer can upgrade to premium and get the result within 15 days.

Thanks so much for your reply.

Yes our i94 expired. What exactly is bridge petition? Does it mean I won't get H1 untill my H4 is approved.

My husband's h1 was filed on premium and he got an rfe. Do we have to pay for premium again?

Thanks,
Swati

[shervin143]

Yes our i94 expired. What exactly is bridge petition?
>>> There are plenty of posts that talks about "Bridge" petitions. Search and read them to get more information.

Does it mean I won't get H1 untill my H4 is approved.
>>> Technically YES. Your H1B will have to be filed as a bridge petition based on the pending H4 extension since your I-94 expired. In such case, if the H4 extension is denied, so will the H1B transfer.

My husband's h1 was filed on premium and he got an rfe. Do we have to pay for premium again?
>>> Nope. Upon receiving the RFE documents, USCIS will give you a decision within 15 calendar days. No need to pay again.

[[email protected]]

Yes our i94 expired. What exactly is bridge petition?
>>> There are plenty of posts that talks about "Bridge" petitions. Search and read them to get more information.

Does it mean I won't get H1 untill my H4 is approved.
>>> Technically YES. Your H1B will have to be filed as a bridge petition based on the pending H4 extension since your I-94 expired. In such case, if the H4 extension is denied, so will the H1B transfer.

My husband's h1 was filed on premium and he got an rfe. Do we have to pay for premium again?
>>> Nope. Upon receiving the RFE documents, USCIS will give you a decision within 15 calendar days. No need to pay again.

Thanks so much ! It was very helpful.

Just one more question my LCA was filed before 194 expiry but H1 after 194 expiry. Will it still make it as a bridged petition?

Thanks,
Swati

[shervin143]

Yes. LCA is filed with DOL and H1B with USCIS. USCIS is the one that will issue an I-94. So your H1B should have been filed prior to your I-94 expiry date if you want to avoid bridging.

Thanks so much ! It was very helpful.

Just one more question my LCA was filed before 194 expiry but H1 after 194 expiry. Will it still make it as a bridged petition?

Thanks,
Swati