H1B to H4 transfer in case of H1B rejection

I am on H1B visa,My Visa is valid till Nov 6 , 2019 , My employer filed extension in premium processing,I got RFE and need to reply RFE by Dec 26 2019.
My Husband is on H1b , His Visa is valid till Jan 25 2020, His Employer Filed the extension in normal processing and it is in progress.

what are my other options to stay in USA legally without moving out of USA in case of H1B rejection.


  1. Can I apply for H1B to H4 transfer now ( or in case of H1B rejection before Nov 6,2019) and withdraw the H4 application if I get H1B approval. I am assuming H4 will take time for approval and I can get the H1B result soon as it is filed in premium processing . What is the process to withdraw the H4 application ?

  2. For my H1B to H4 transfer , Do I need to file based on my Husband’s approved petition (valid till Jan 25 2020) now or Can I use his current filed petition which is in progress.? What is the exact process.


  1. You can do that…Well, the timing could be very tricky, you need to discuss with your employer and their attorney…if your H4 gets adjudicated right after h1B approval, then you go back to H4… To withdraw, you write a simple letter asking to withdraw your application with reason for the same.

  2. Yes, you can use his current one and also include the extension petition receipt notice, if approved or receipt indicating the same that the extension is applied…process is pretty much same as normal, just need to include the details.

Thanks [Kumar]

Some Follow up Qs

Is going out to USA , get the stamping and coming back on H4 is a better option than filing H4 in parallel. ?

Yes, I would suggest doing that, as you do away with all the unknown timing issues waiting for USCIS…Also, the fastest way to get H4 status…