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Help on an urgent case: H1b transfer RFE and Denial

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  • Help on an urgent case: H1b transfer RFE and Denial

    Hi all,

    My wife and I have this urgent situation that we are hoping someone can have some advice or experience.

    I work for an employer on H1b and my I-140 was approved. I am going to apply for H1b extension later this year.

    My wife joined the same employer several months ago, transferring her H1b from her previous employer to the current one. Her application received RFE in May and the materials were submitted to USCIS this month and got a denial on 7/15.

    Her I-94 expired on 7/10. We think she is already out of status now. She had an I-140 approved with her previous employer and her PD is earlier than mine.

    We did some research and think the following might be some options for us:

    1) To keep her status, she needs to apply for H4 and COS from H1b to H4 immediately. The questions for this are:
    a) Does she apply H4 by herself, or do I need to apply this for her through my employer?
    c) How long does this H4 application and COS process takes?
    b) Before her H4 gets approved, is she in a status of 'unlawful stay'? Is there any thing we can do to minimize the impact of this?

    2) The employer seems willing to refile her H1b case.
    c) In this situation, can she lawfully stay in US? And for how long?
    d) Does the H4 application have any impact on this new H1b application?
    e) How likely does the new H1b application get approved? What does the employer need to do to help the approval possibility? (We think the RFE materials prepared by the employer were not good enough.)

    Any suggestions are highly appreciated. Thanks for your reading on this long post.