What happens to H4 EAD (currently in RFE) if h1b extension gets denied?

USA
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1

Hi

I have a h1 extension in process (Replying to H1 extension 1st RFE). I have approved 797 from new company (no I-94. Got Consular Processing). I have filed for spouse H4 EAD (filed during h1 extension) and got RFE as well. I am going for my Visa Stamping from new Company soon.

Questions:

  • What happens to H4 EAD (currently in RFE) if h1b extension gets denied?

  • H4 EAD will also get denied or USCIS will not take any action until we reply to RFE or the response time is over?

2

H4 is a dependent benefit and can only be approved if the primary H1B is approved.

H4 EAD is a dependent benefit of H4. So, if there is no H4, there can’t be any H4 EAD.

What is the H4 EAD RFE about? What is the RFE for H1B?

3

H1B RFE: Employer - Employee relationship.
H4 EAD: Proof of H4 Status

I do have approved H1B from new employer but I need to go for Stamping. Mean while my current company is filing for RFE as well. Since, for new company we did’t file for I-539 I cannot reply H4 EAD now. I was hoping to get the stamping done and then reply with new approved 797 and I94.

Issue: Before my stamping with the new approved 797 (new client) is done, the H4 Extension filed by my current employer gets denied. Will H4 EAD get denied too instantly or will they wait for my RFE response/ response time is over?

4

USCIS might deny H4 EAD too if H4 is denied. It depends on the USCIS officer and if both applications are pending at same service center.

5

What would you advise if I delay the H1B Extension RFE reply until I get visa stamping done?

  • Go for visa stamping with new employer and then reply for RFE.

  • Reply RFE now with the new employer approved I-797 (Consular Notification). Not sure how will I prove H4 status later on as I cannot give new I-94 for both of us

6

I don’t understand this scenario and your question.

What are you trying to do here?

7

Scenario:

I am trying to save the H4 EAD. I am not sure what will be the outcome of H1B Extension. Since I have another approved I-797 from new employer I am trying to get H4 EAD approved using the new I-797. To do that I have to go for stamping which is in next 3 weeks.

Issue:

In case my current company file for RFE before I get the stamping done with the new employer petition and gets denied then H4 EAD would likely get denied too.

To save H4 EAD, the only option I have is to go for stamping and come back and reply to H4 EAD RFE with the new company approval notice and H4 stamping.

Considering the scenario and issue what would you advise what should I do with the H4 EAD RFE?

8

You can try doing this but there is no guarantee that USCIS will wait for this. They may or may not wait. I cannot really guess the sequence they will follow.