L2 to H4 when H1b is waiting for RFE reply

[ranjitk9]

Her is my problem.

I am on L1 in USA, applied for H1b and got approved to be effective from Oct-01-13. My spouse who is on L2 also applied for H1b, but got RFE and we will reply to RFE in next couple of days with Premium processing.



My Questions are

1) How soon does USCIS will respond to RFE reply with Premium processing.

2) Do I need to apply H4 for my spouse( assuming that if there is a delay in getting my spouse H1b approval before Oct-01)

3) If i need to apply H4 for my spouse and if it gets approved before H1b approval do i need to apply again for change of status from H4 to H1.

4) If H1b approves before H4 , then do we need to notify USCIS.

5) How many days before of Oct-01-13 do i need to apply for H4.

6) How to cancel or Withdraw the H4 Petition later ? What is the process?


Please help me friends. Thanks a lot in advance.

[Nattybone]

Her is my problem.

I am on L1 in USA, applied for H1b and got approved to be effective from Oct-01-13. My spouse who is on L2 also applied for H1b, but got RFE and we will reply to RFE in next couple of days with Premium processing.



My Questions are

1) How soon does USCIS will respond to RFE reply with Premium processing.

2) Do I need to apply H4 for my spouse( assuming that if there is a delay in getting my spouse H1b approval before Oct-01)

3) If i need to apply H4 for my spouse and if it gets approved before H1b approval do i need to apply again for change of status from H4 to H1.

4) If H1b approves before H4 , then do we need to notify USCIS.

5) How many days before of Oct-01-13 do i need to apply for H4.

6) How to cancel or Withdraw the H4 Petition later ? What is the process?


Please help me friends. Thanks a lot in advance.

Hello, Ranjit.

1) Under Premium Processing, in 2 odd weeks from filing RFE response, you should get a decision. It is cutting it too fine, i understand.

2) You could file for H4. If H1B gets approved, you could withdraw H4 application.

3) If H4 comes before H1, then follow the dates on the notices you receive. I would believe, if H1 notice is of a later date than H4, then H1 is active.

Do engage an attorney for a half an hour discussion. It will be handy.

Cheers,