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Hi,
My spouse is having H4 visa and H1B was filed for her on April, 2017. For the H1B visa, we got RFE and attorney submitted the RFE documents by Nov, 2017.
The status is now "My Response To USCIS' Request For Evidence Was Received. On November 21, 2017, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker. Our California Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you".
Still we are waiting for the decision. Her i94 expires by Jan 10, 2018. As her i94 expires soon, I filed H4 extension through my employer on Jan, 2018.
1) Now If her H4 extension gets approved first before H1 gets approved, then it should be fine I believe. If her H1 gets approved, she will be in H1 status and she can work. Please confirm
2) If her H1 gets approved first before her H4 extension is approved, can we withdraw the H4 extension to keep her status in H1 itself? Withdrawing the H4 extension will cause any issues? Please let me know.
3) If her H1 gets approved first and her H4 extension also gets approved later, then she will be in H4 status I guess. what will happen to her H1B status? will it still be valid?
My spouse is having H4 visa and H1B was filed for her on April, 2017. For the H1B visa, we got RFE and attorney submitted the RFE documents by Nov, 2017.
The status is now "My Response To USCIS' Request For Evidence Was Received. On November 21, 2017, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker. Our California Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you".
Still we are waiting for the decision. Her i94 expires by Jan 10, 2018. As her i94 expires soon, I filed H4 extension through my employer on Jan, 2018.
1) Now If her H4 extension gets approved first before H1 gets approved, then it should be fine I believe. If her H1 gets approved, she will be in H1 status and she can work. Please confirm
2) If her H1 gets approved first before her H4 extension is approved, can we withdraw the H4 extension to keep her status in H1 itself? Withdrawing the H4 extension will cause any issues? Please let me know.
3) If her H1 gets approved first and her H4 extension also gets approved later, then she will be in H4 status I guess. what will happen to her H1B status? will it still be valid?
