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Resigning while H1 being processed

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  • Resigning while H1 being processed

    Hi,

    My wife has valid H4 until 2017. When she was in US on H4 one company extended an offer, which she accepted and applied for her H1 in April,2016. There was an RFE which has been responded by her employer and the H1 is not approved yet. She is not interested in this job and wants to resign for personal reasons. Can she resign while her H1 is being processed ?
    Would it affect her current H4 ?
    If she resign after H1 is approved, would she has to reapply for her H4 ?

    Thanks in advance !
    Last edited by chirag8; 01-26-2016, 10:42 PM. Reason: Clarifying the question more

  • #2
    Originally posted by chirag8 View Post
    Hi,

    My wife has valid H4 until 2017. When she was in US on H4 one company extended an offer, which she accepted and applied for her H1 in April,2016. There was an RFE which has been responded by her employer and the H1 is not approved yet. She is not interested in this job and wants to resign for personal reasons. Can she resign while her H1 is being processed ?
    Would it affect her current H4 ?
    If she resign after H1 is approved, would she has to reapply for her H4 ?

    Thanks in advance !
    Has she already joined the H1 employer? If yes, on what basis? If no, then where is the question of resignation? Also was H1 filed as consular process or as COS?

    This is my opinion not legal advice.

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