H4 to H1B Consulate processing

Hi Anil,

Need some advise . I am currently on H4 EAD which is expiring in June .
I have applied for H4 extension , but due to delays in EAD I had asked my employer to file H1B .
My employer is filing H1B , but it is consulate processing , so they are asking to travel India immediately after EAD expires which is June and continue working from India and return to US after stamping.

They are not allowing me to stay in US in H4 after work permit expires .
My question is by chance I get RFE from H1B and if I quit as I do company as I do not want to travel India, does it cause any impact for future H1B transfers as RFE was not responded? or should company withdraw my application as I Resigned?

Please advise.


The RFE should not have any effect on you. The employer will most probably withdraw the application if you decide to not join them.

Thanks for your response Anil.

Hi Anil,

One more clarification, when H4 extension is in progress and its I94 expired, is it possible to transfer to H1B (cap exempt based on approved I140) to another company?


Hi @anil,

Appreciate any inputs here . I wanted to know, if we can apply change of status to H1B when H4 extension is in progress with expired I94.Thanks for your time.

If i94 has expired, then whatever you file will depend on the result of the pending application.

This is called bridging since your i94 has expired.

The H1B will most probably get an RFE asking to wait for pending H4 result.

Thanks very much Anil. However if H4 extension is pending with USICS and if that is the reason for RFE to H1B conversion, is there anything that we can appeal to USICS to approve pending H4 ?
The reason for H4 delay is from USICS itself . Kindly advise .

As far as i know, you can only wait.

Thanks very much Anil for all the help.