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Immigration Issues/Transfer from H4 to H1b

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Question
Helllo,

I need your opinion on how to proceed with this particular situation. My
husband's H1b is under the extension process and so is my H4. In the
meanwhile I was able to find an employer who has started my H1b
processing under premium processing. Now I have received an RFE,
asking for the H4 approval within the end of this month. My husband had
received an RFE early September and we had provided all the necessary
documents to the USCIS. But the case has not proceeded from thereon.

We are now concerned about the following
1. Will we get the decision by the end of the month?
2. Would upgrading to Premium processing help in expediting at this
stage?
3. what are my options if we do not get the decision by the end of this
month?  

Answer
Hi,

You must be maintaining valid nonimmigrant visa status at the time an extension or change of status application is filed with the USCIS. It appears that your I-94 for H4 status has expired, and  that is the reason why the USCIS issued RFE with respect to filing of your H1B petition. The USCIS wants evidence that you are maintaining H4 status, and this is shown through unexpired I-94 for H4 status.

It can normally take  up to 60 days after response to RFE before USCIS makes a final decision. Thus, it may be worth it, for the RFE issued in connection with your husband's H1B petition, to convert the petition to premium processing. The USCIS will make a decision within 15 days of receiving conversion request, and hopefully this decision will be approval of your husband's H1B extension as well as your H4 extension. Then you can reply to the RFE issued in connection with your H1B petition with evidence showing that you are maintaining H4 status.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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