H1 ref and now thinking of H4 ..Is it possible ?

[boxer]

All ,
We are thinking to go to INDIA for Visit but wondering about h1b stamping. And my wife works for a big Indian consulting firm and they are bad at responding to RFE.
If she receives RFF (very scary but just a hypothetical case) can she apply as H4 (based on my H1) come to US and then when she gets on to project again, can she go back to h1b ?

Looking forward for assistance!

Thanks,

[raghvi]

All ,
We are thinking to go to INDIA for Visit but wondering about h1b stamping. And my wife works for a big Indian consulting firm and they are bad at responding to RFE.
If she receives RFF (very scary but just a hypothetical case) can she apply as H4 (based on my H1) come to US and then when she gets on to project again, can she go back to h1b ?

Looking forward for assistance!

Thanks,

Yes, it is possible. If she receives RFE/221G and if the company is unwilling to respond or delaying the response she can surely apply for H4 as long as your H1 is valid. Her H4 approval will depend upon you having maintained valid status on your H1. This is my opinion not legal advice.

[boxer]

Yes, it is possible. If she receives RFE/221G and if the company is unwilling to respond or delaying the response she can surely apply for H4 as long as your H1 is valid. Her H4 approval will depend upon you having maintained valid status on your H1. This is my opinion not legal advice.

Thanks raghvi for prompt reply.
Another follow up question.

How difficult to later come on H1 again from H4 after coming to US ( off course she has project etc

Thanks,