H4 REF need help.

[try_luck]

My wife got RFE for H4.

Here is situation.

My company applied for my 7th year extension, but they didn't applied for my wife's H4 extension at that time. After somedays when I inquired with them I came to know the did not applied for H4 extension. So I have applied for H4 extension, that time I did not had H1b filling receipt so did not attach any H1b documents.
Now INS genereted RFE asking for H1b approval notice. Here is text in RFE.

“Please submit a copy of the approval notice (Form I-797) for the most recent I-129 petition for a Nonimmigrant Worker ( I-129) filed on behalf of your spouse or parent.”

But my H1b application is not yet approved. And RFE reply date is very close. So now what should I do?

Reply RFE with H1b receipt Notice?


Any idea or suggestion will be really helpful to me.

Thanks ain Advance.

Try_luck

 

[EricS]

My wife got RFE for H4.

Here is situation.

My company applied for my 7th year extension, but they didn't applied for my wife's H4 extension at that time. After somedays when I inquired with them I came to know the did not applied for H4 extension. So I have applied for H4 extension, that time I did not had H1b filling receipt so did not attach any H1b documents.
Now INS genereted RFE asking for H1b approval notice. Here is text in RFE.

“Please submit a copy of the approval notice (Form I-797) for the most recent I-129 petition for a Nonimmigrant Worker ( I-129) filed on behalf of your spouse or parent.”

But my H1b application is not yet approved. And RFE reply date is very close. So now what should I do?

Reply RFE with H1b receipt Notice?


Any idea or suggestion will be really helpful to me.

Thanks ain Advance.

Try_luck

In my opinion, the best you can do right now is to send copy of your H1 receipt notice in response to the RFE. This way, USCIS can relate the 2 cases and approve H4, once H1 is approved. I think it will work as otherwise also, when you apply for H1 and H4 at same time, H1 is not approved but just applied and can support filing of H4.

Although not required, but another option will be to add premium processing to your H1 by paying $1000. Once it is approved(2 weeks or so), you can reply to H4 RFE.

Do consult with a immigration attorney before finalizing your approach.

 

[try_luck]

Thanks - forgot to mention.

Thanks Eric,

Forgot to mention in last post.

I am in middle of Greencard process. After applying for H1b 7th year extension. My company applied for my greencard using approved labor. With that now me and My wife both has approved AP and EAD. I mean they filled 140 and 485 and because of 485 We are eligible for AP and EAD.
Even 2 week back we have travelled to our home country and entered US on AP.

So with all this do I still need to reply for RFE?
If I do not reply then will this trouble the rest of GC process?

Thanks again.

try_luck

 

[ginnu]

Thanks Eric,

Forgot to mention in last post.

I am in middle of Greencard process. After applying for H1b 7th year extension. My company applied for my greencard using approved labor. With that now me and My wife both has approved AP and EAD. I mean they filled 140 and 485 and because of 485 We are eligible for AP and EAD.
Even 2 week back we have travelled to our home country and entered US on AP.

So with all this do I still need to reply for RFE?
---reply the RFE
If I do not reply then will this trouble the rest of GC process?
--- your I-140 is NOT approved if I-140 gets denied then AP EAD I-485 all will get denied and you or your spouse will not have any status in US if that happens, it is better that you applied H1 extension and send RFE reply to your spouse H4 extension, dont use EAD till I-140 gets approved, maintain H1 and H4 status. use of AP does not invalidate your H1 or H4 status
Thanks again.

try_luck