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H1B petition on RFE and not under a valid H4.

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  • H1B petition on RFE and not under a valid H4.

    Hi ,
    I came to the USA in June 2016 on L2 visa(My husband was holding an L1B visa) and its expiry was Feb 2019.

    In 2018, both of us applied to H1B ,and my huband has moved to H1B visa on October 2018 onwards. My H1B petition has gone to RFE status and not yet approved.

    When we checked with the legal team of my husband's office for adding me on H4 visa, we were being informed that " We need to wait until I get a confirmation on my H1B and after that only they can add me up since my petition is on a pending status.

    Questions

    1. Is my stay in the USA is legal till my H1B gets approved?
    2. Do I have to file for H4 visa before I get a decision on my H1B ?



    Please help . Thanks in advance.
    Last edited by remb; 02-25-2019, 02:41 PM.
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