Please Help - H1b extended but dependent's H4 extension in RFE. New offer in hand.

[getgarg]

H1b extension approved but H4 extension for my dependent is in RFE.

H4 I-94 expired 2 months back.

I have a offer from a new employer.

Question:-

If I join the new employer and previous employer does not respond to H4 RFE, H4 will be out of status for 2 months correct ?

As H4 is dependent on H1, can my new employer file a H4 transfer with my valid H1 for that period ?

Worst case scenario, if my previous employer revoke H4 extension, then H4 will have to leave the country correct ?

Please help....

[raghvi]

H1b extension approved but H4 extension for my dependent is in RFE.

H4 I-94 expired 2 months back.

I have a offer from a new employer.

Question:-

If I join the new employer and previous employer does not respond to H4 RFE, H4 will be out of status for 2 months correct ?

As H4 is dependent on H1, can my new employer file a H4 transfer with my valid H1 for that period ?

Worst case scenario, if my previous employer revoke H4 extension, then H4 will have to leave the country correct ?

Please help....

I wonder what the H4 RFE would be. If H4 I-94 has expired, unless the extension is approved first, H4 would go out of status and woudl have to leave US.

This is my opinion not legal advice.

[getgarg]

I wonder what the H4 RFE would be. If H4 I-94 has expired, unless the extension is approved first, H4 would go out of status and woudl have to leave US.

This is my opinion not legal advice.

H4 RFE is issued because it was filed in a different center with missing H1b copy.

They are waiting for the H1b copy, which has to sent by my previous employer.

Now if I switch employer before they respond, can I reply to the H4 RFE?

[raghvi]

Technically there is no relation between H4 and the H1 employer so I dont see why the employer needs to send the H1 copy, you also must be having it, so you should also be able to send it.

This is my opinion not legal advice.

[getgarg]

Technically there is no relation between H4 and the H1 employer so I dont see why the employer needs to send the H1 copy, you also must be having it, so you should also be able to send it.

This is my opinion not legal advice.

The problem is employer A filed H4 extension and I don't have the copy of any document.

So how I can I respond to USCIS ?

Also I have my H1 approved now, but employer is taking time to send the approval for H4 RFE

[raghvi]

Its surprising you dont have a copy of your own I797 neither have documentation related to your own dependents extension filing.

Anyhow, as your spouse's I-94 has expired, you are pretty much left at the mercy of the current employer to take your spouse's extension process to a logical conclusion.

OR you can take help from immigration lawyers to get the paperwork sorted out which could be a lengthy , expensive process.

OR ask spouse to leave US, and return on new H4 with new approved transfer petition from new employer which could be expensive considering the travel cost, but the shortest and safest route.

This is my opinion not legal advice.