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RFE H-1B,wife's H-1B petition pending.

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  • RFE H-1B,wife's H-1B petition pending.

    I changed my employer on 21 feb 2008 after getting the recipt notice for H-1B transfer.My I-94 expired on 15 may 2008, and I got an RFE on 30 th may 2008.Thet asked for financial documents from my new employer and my pay stubs from last 3 months from my prior employer.Since I was on personal unpaid leave of absence for over 3 months owing to my visit to India and other personal reasons.I submitted my leave sanction letter from my prior employer( who actually terminated my services, after the leave was over,2/25/2008.)and pay stubs for 3 months before the leave.
    On the other front, my wife who was on H-4B filed for her H-1B and got the recipt notice dated 14th april 2008.My question is

    Q1. if I get denied for my H-1B transfer.Do my wife has to leave the country and re-enter after using her approved H-1B petition(provided she gets approved).Or it would legal for her to stay in US and satert working on 1 October 2008, the satrt date on her petition.

    Q2.In case of denial of my H-1b Transfer application.Can I reenter through mexico or some place throgh a new H-1B petition or H-4 petition or do I have to go back to India.

    Please help me figure out these question.My attorny is not very helpful.I am looking for all options available to me before I go back and talk to him.?

  • #2
    Multiple posts do not increase the chances of getting answers. Delete all the other ones, if it was a mistake.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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