Hi,
My H1B got denied on Oct 9, 2025. I am currently on STEM OPT valid until end of Nov 2025. My H1B was picked in the lottery and this was my last chance. I applied for PP for which I received a RFE for specialty occupation and after submitting the RFE received denial. I still haven't received the denial notice.
I have the option to go on H4 as my spouse has H1B but I cannot work as I-140 is not approved. My employer is ready to appeal once we receive the denial notice and know the reason.
1) Can I appeal H1B and apply for H4 at the same time? Can both applications be active in parallel to each other?
2) Do I have any other option than appealing H1B?
3) While my H4 decision is pending, can I work as an outsourced employee on Indian payroll, while staying in the US?
My H1B got denied on Oct 9, 2025. I am currently on STEM OPT valid until end of Nov 2025. My H1B was picked in the lottery and this was my last chance. I applied for PP for which I received a RFE for specialty occupation and after submitting the RFE received denial. I still haven't received the denial notice.
I have the option to go on H4 as my spouse has H1B but I cannot work as I-140 is not approved. My employer is ready to appeal once we receive the denial notice and know the reason.
1) Can I appeal H1B and apply for H4 at the same time? Can both applications be active in parallel to each other?
2) Do I have any other option than appealing H1B?
3) While my H4 decision is pending, can I work as an outsourced employee on Indian payroll, while staying in the US?