Applying for H4 visa while h1b transfer got RFE

USA H1B Visa
1

Hi, hope I could get some help.

I applied for H1b transfer through a new employer in dec/2015. My current H1b got expired in Aug 2016. I got an RFE for H1b transfer. (I’m sure it is a bit complex). I would like to change to h4 and apply for h4 ead concurrently. I have following questions.

Will USCIS consider me as in legal status now?

Will i get h4 and ead approved?

Or Can I go to Indian and apply for H4 and get H4 stamping in India while my H1b transfer RFE is still in process?

Can I go to Canada instead for H4 stamping while my H1b transfer RFE is still in process?

What options do i have now?

2

  1. You are in legal status as you have a timely filed pending H-1 petition

  2. H-4 COS would not be approved as your I-94 has expired

  3. Yes, getting H-4 visa stamped in India is a better option. Don’t go to CA as you currently don’t have H-4 visa in the passport and first time visa stamping is recommended in home country.