I was a H1B visa holder and I lost my job on Jan 31st 2020. In order to maintain legal visa status I have applied for I-539 (H4 visa) on March 27th (after 60day H1B grace period) and is currently under processing status for the past 120 days.
I managed to get a job and the company had filed for my H1B visa transfer in premium processing.
However, USCIS issued H1B RFE (requesting for additional information) on July 1st 2020 asking me to provide H4 approval by Oct 3rd 2020, so that they can process my H1B. But the I-539 (H4 visa) application is still under processing with USCIS and it is estimated to take at least 12 -15 months to complete the processing with the current normal processing times as per USCIS website.
So, on July 16th I raised a request and USCIS mailed me a document asking for additional information. I haven’t received the mail until July 28th.
Meanwhile, since it is getting delayed I have approached the local congressmen to help me expedite the case on my behalf - July 23rd.
On July 27th there is a change in status on USCIS stating that they received my expedite request.
On July 28th I emailed them the required documents along with the mail I received. Meanwhile, my request to expedite was denied (I assume it was for the request they received from congressmen on July 27th).
What should I do at this point? I am very stressed out.
Should I raise a new request to expedite?
Since I already have a valid H1B stamping, is it advisable to withdraw my H4 application and respond to RFE to move the H1B to counselor processing? I can travel out of the country (Mexico or Canada) and come back with new I94 without a need for stamping as I already have an H1B stamping valid until Aug 2022.
I can travel out of the country (Mexico/Canada) so that my H4 which is under processing gets invalid as I traveled during the processing state. And you can respond to the RFE that the H4 is no longer active, and move H1B to counselor processing. I can come back with a new I94 as soon as it is approved.
If I travel out of country, since my H4 will be terminated, will my statues from March 27th through departure will be legal or considered as overstay?
With consulates being closed for H1B stamping wanted to check how you are planning to get stamped once approved in consular processing. My attorney said I have to wait for H4 approval since consulates are currently closed for H1B stamping.
Hi,
I travelled to Mexico and came back today. it went okay. the immigration agent did question a lot though, but I was approved to enter without any legal questions or troubles.
Hi,
Thank you for the details. I am also undergoing same issue. Can you kindly provide me more details on how you approached the situation and what is consular processing.
Hi,
Thank you so much for your response.
So how did you respond to rfe that required a h4 result.
Please below is my email and any details you share will be a great help as I am undergoing same thing and as consulates are closed it is even more harder. So kindly provide the response you gave rfe.
Hi, I am in a similar situation right now. Did you have to leave to US as soon as the RFE response was submitted to USCIS or did you wait until you received H1B approval under consular processing (I-797B)?
Hi Nirisha, I am in the same boat now and would love to hear your experience. Did you have a valid US stamp in your passport or did you have to visit a consulate for stamping?
