H4 Granted without H1B

[infogb]

In my case, my dependant (spouse) has received her H4 through I797A whereas the primary applicant (in this case, myself) has not received my H1b approval. The status on the USCIS website still shows 'Initial Review' in the primary applicants case. Would like to know if this has happened to anyone else and what does this mean ?

[shervin143]

This is not new. This has happened before.

[infogb]

Recently I have received a RFE on my H1B.In this case would the H4 be valid ?

[shervin143]

The approved H4 will remain valid. H4 is associated to H1B. So if H1B gets denied later and if you are no longer in H1B status, your dependents will also go out of status on H4.

Recently I have received a RFE on my H1B.In this case would the H4 be valid ?

[infogb]

Thanks for responding. In this case the conversion was from L1B to H1B and L2 to H4. So when you say that H4 will go out of status, does it mean that the dependant will go back on L2 ?

[shervin143]

No. Their staus won't automatically change from H4 to L2. If your H1B gets declined, then your dependents will go out of status on H4. In order to get back to L2 status, they need to leave the country and return back in L2 visa.