RFE H1B Transfer. COS to H4

rkothapa

Registered Users (C)
Hello,

I used to work for Company A on H1B visa which was approved until 09/2010. I was layed off from Company A in 12/2008. Company B then applied for my H1B. I got an RFE requesting for client letter and the deadline to respond to this is May 15th 2009. I cannot provide a client letter since I do not have a project currently. My questions are -

1) I have an option to get onto H4 visa. But, Is it possible to withdraw my H1B application which is pending RFE and then file for my H4 visa?

2) If my H1B application cannot be withdrawn and if it gets rejected, would I be eligible to apply for H1B extention or new H1B in future? I will be in H4.
 
It is not your application, it is your employer's application. They may withdraw it.
You may file your own change of status application anytime.
Whichever decision is received latest stands.
 
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