I would like to know on the below situation.
H1B Extension is approved but recently after 4 months H4 extension status changed to RFE.
Also H4 EAD(2 months for now) is applied after H4 Extension receipt number is received.
Now please let me know
H4-EAD approval will effect if the employer takes time to respond to H4 RFE .
If H1B holder gets a new job and H1B transfer is in progress, so H4 transfer at the same time will effect anything because of H4 Initial RFE . Do we need to inform the Company B, H4 RFE is the latest status for H4 applicant.
First of all, H4 is not an employer sponsored petition. While employers do help file H4 extension of status along with H1B using their immigration lawyer, you will need to provide the information or documents as per the RFE and your lawyer will provide the USCIS with response.
H4 EAD wont get processed till H4 is approved.
You need to respond to the RFE even if there is another H4 extension of status in progress. You may inform your new employer’s immigration lawyer about the pending RFE as an fyi, if they are also handling the H4 extension of status.
Thank you for the response.
Also can you please let me know if H1B transfer is processed by the time H4 RFE response is sent. At the time of H1B transfer employer will collect H4 Information(which is under RFE) ,so if new employer files for H4 then will that effect anything ? Reason is Once H1B transfer is completed Employer A anyways won’t be responding to H4 RFE right as the employee is not working with current company.
Thank you again. One last question - So during H1B transfer if we provide the same details means H4 is under RFE to the new employer, they will add that to it and file the new H4 right or do we need to wait till the existing employer responds to RFE ? Reason is We didn’t received RFE details and it takes 2 weeks atleast for us to know what is required for RFE.
Also H1B transfer will get initiated next week or end of the month.
Sorry. Bit confused now. Company A (Existing ) won’t respond to RFE right if the H1B applicant moved to Company B with H1B Transfer. Also H1B applicant need to inform new attorney of Company B that dependent right now is in RFE status.
And also can you please let me know During H1B transfer all the dependent details will be asked my Company B attorney before filing ?
One last question - Employer A filed for RFE response for H4. Now new H4 is not required to file along with H1B transfer right? If new employer attorney asked to file for H4 transfer also again it takes long time for H4 approval right or will it be immediate if H1B transfer is approved.
If new employer attorney mentions no need to file H4 again , how the approval copy of H4 will be sent as the H1 no longer exist with company A and no email address is active for communication to courier the document after approval. Please let me know