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H4 visa when H1-B iss in RFE

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  • H4 visa when H1-B iss in RFE

    I work for a MNC where my H1-B visa is being processed and it has gone to RFE (request for evidence) state on september 12th 2011 and hence the approval of the petition is delayed.
    Meanwhile i got married in september and i wish to travel to US now through H4 (dependent visa) after resigning my job. (My husband holds a valid H1-B visa)
    1. Is it possible to apply and appear for H4 visa interview when my H1 petition is filed in USCIS(which is still in RFE)? Or should it be withdrawn before i appear for H4 visa interview.
    2. Or does my resigning the job help in appearing for H4 visa interview?

  • #2
    Your H4 application, employer's H1 petition and resignation are totally unrelated. One will not affect the other.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks for your response.
      So in this case i don't have to resign my job and i can appear for H4 visa when my Hi is pending?

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      • #4
        That is correct.

        Originally posted by sharanshakti View Post
        Thanks for your response.
        So in this case i don't have to resign my job and i can appear for H4 visa when my Hi is pending?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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