H4 Extension under process while H1B is withdrawn

Hi Anil,

My H1B and dependent’s H4 extension filed in June 2019 by Emp - A in normal process. I got an offer and Emp - B filed the H1B transfer on premium and it got approved for 3 years. They did not apply for H4 along with H1 transfer. I joined Emp-B in November. Last week, Emp-A withdrawn my H1B extension while the H4 extension is still pending with USCIS.

  1. Will it impact the H4 extension which is under process? Dependent’s I94 expired on 10th July 2019.
  2. Should Emp-B immediately file a new H4 extension based on my current approved H1?
  3. Emp-B already filed H4-EAD last month, what will be the impact on EAD in this case?

Thanks in advance

Hi Anil,

USCIS will send RFE to old employer attorney or directly to us? My new employer attorney has already sent G28 along with my approved H1 transfer copy. But still USCIS has not updated the G28 and approved H1 in their system. In that case, my new employer is suggesting to file the H4 extension again with the approved H1 which will take again 5/6 months of waiting time for approval.

Should I wait for the RFE from USCIS or file H4 extension again ?

There is no surety that H4 RFE will be sent. It may be approved directly.

If you want to be absolutely sure, then file a new H4 extension with new employer.

Hi Anil,

Unfortunately the H4 extension was denied for my dependents on 13 Jan. Now when should they leave the country for stamping? Within 2 weeks or immediately ? Their last i94 expired on 9-July-2019.
What will be the impact on the H4-EAD, which is in progress after they left the country?

They should leave immediately or within 2 weeks. H4 EAD may also be denied or may receive RFE.

The chances of denial are high.

Thank you Anil for the response. My employer says since they have already accrued 180+ days there are chances of getting 3 year bar from re-entry. So they are suggesting to apply H-4 premium, nunc pro tunc filing. Will that help, or still its better to go for stamping.

Your employer is correct.

Nunc pro tunc is a good option and chances of approval are good as its H4 visa.