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Hi,
I am working with Company A since Apr 2013 on H1B - got married in june 2014 and brought my wife to USA on H4 on the same month.
On Dec 2014, I got an offer from Company B and they applied for H1B transfer in premium processing. I wanted to wait till the transfer petition was approved , so I didnt resign. Unfortunately, the transfer petition ended up with a RFE so we requested them to withdraw the case as I didn't want to try further. They withdrew the case by Apr 2015.
Meanwhile, my H1 & my wife's H4 was getting expired on Sep 2015, so company A filed an extension request for me (h1) and my wife(h4) on aug 2015.
but, today I received a RFE notice for my wife stating the below reason.
"USCIS records indicate that a prior application (WAC- YYYY ) was withdrawn on Apr 20, 2015, you filed the instant application (EAC-ZZZ), on August 7, 2015, therefore it is not apparent that you were maintaining a valid nonimmigrant status at the time of filing.
Please submit documentary evidence that you are maintaining a valid H4 non-immigrant status at the time of filing."
1. Will a current H4(company A) become invalid on withdrawing a transfer petition (Company B)?
2. What document evidence should I submit?
3. Please let me know if there are other solutions.
Thank you,
Sridhar
I am working with Company A since Apr 2013 on H1B - got married in june 2014 and brought my wife to USA on H4 on the same month.
On Dec 2014, I got an offer from Company B and they applied for H1B transfer in premium processing. I wanted to wait till the transfer petition was approved , so I didnt resign. Unfortunately, the transfer petition ended up with a RFE so we requested them to withdraw the case as I didn't want to try further. They withdrew the case by Apr 2015.
Meanwhile, my H1 & my wife's H4 was getting expired on Sep 2015, so company A filed an extension request for me (h1) and my wife(h4) on aug 2015.
but, today I received a RFE notice for my wife stating the below reason.
"USCIS records indicate that a prior application (WAC- YYYY ) was withdrawn on Apr 20, 2015, you filed the instant application (EAC-ZZZ), on August 7, 2015, therefore it is not apparent that you were maintaining a valid nonimmigrant status at the time of filing.
Please submit documentary evidence that you are maintaining a valid H4 non-immigrant status at the time of filing."
1. Will a current H4(company A) become invalid on withdrawing a transfer petition (Company B)?
2. What document evidence should I submit?
3. Please let me know if there are other solutions.
Thank you,
Sridhar
