H4 to H1B while current H4 extension pending

Hi experts!
My wife applied for an H4 extension in April 2021 and got her biometrics done in May 2021. Her I-94 expired in May. Meanwhile, in July, a cap-exempt organisation filed a H1B for her under PPS but got a RFE. It seems that her current H4 extension should be approved first. The attorney at her new job suggested us to expedite my H1B processing with PPS which may increase her odds at getting her H4 expedited. I got my H1B approved under PPS within 6 days (on Aug 3) but no result on her H1B extension. Case status shows that the “fingerprints were taken”.

Any advice on how we should proceed? It seems that the RFE for the H1B application needs to be responded to by October 8 but what if her existing H4 application remains pending until then?

Is the RFE re: her H4 status? If yes, did your attorney respond to the RFE with H4 EOS receipt and a letter explaining that your wife’s H4 EOS is under processing?

To clarify: She got a RFE on her H1B application. The attorney said that existing H4 extension should be approved first and the RFE should be responded with the current H4 extension approval.

You may open a service request with USCIS for an expedite for the H4 EOS application explaining the reason.

Thanks! Will do that. Another quick question: My wife did not receive a H4 receipt notice yet. But she did receive the I797C notice of action for biometrics. Is this normal? I thought it should be receipt notice first and then the notice for biometrics.

Yes this is odd. Please talk to your lawyer and check if they received the notice. If not you will need to open a case with USCIS and talk to live agent to enquire if they had sent you the receipt.

So, we did open an expedite request but it got denied. My wife has also requested the local senator and congresswoman to help the case. Not sure what more can we do.

The situation is that if my wife cannot get her existing H4 approval, then her new H1B RFE can’t be responded to convincingly.