H4 RFE/ Traveling to India/ Box Visa

On 21st October 2015 , I changed employer and filled H1B transfer and H4 extension under regular processing. I didn’t receive any update from USCIS till 1st week of October 2016 (11 months and 2 weeks) so I converted my application to Premium processing. Then I received answer on Oct 8th 2016 with H1B approval and didn’t receive any response for H4.

Now on Oct 28th 2016 H4 status got updated to RFE (I don’t know what is RFE as my employer didn’t receive it yet).

My wife is planning to travel to INDIA on November 27th and returning to USA on Feb 9th.

I have few questions, it will be very helpful if you can help me with your suggestions/ answers.

Does my wife need to go for stamping when she go to India? (Her current H4 visa expires in August 2017)If I go to India in January and apply for stamping, can I include my wife for stamping without having approved H4 from my current employer? – Do we need to withdraw her current application prior to including her for stamping or I can just include her without withdrawing application?If she doesn’t go for stamping she can get extension at port of entry just by presenting my H1 copy and her Visa?If she is traveling to India on 27th November, do we need to withdraw application before she leave USA? Or we can wait till December and withdraw later?While applying for EAD next year once she is back (She currently has EAD with my approved I 140 application from previous employer and it expires in August 2017) will she need to have stamping in passport?Once we reply to H4 RFE should we receive RFE response within 15 days as I transferred my application to Premium?Stamp in my passport is from old employer which is expiring in August 2017. I want to get new stamp with my current employer. Now if I go to India, am I and my wife are eligible for Box visa?

  1. No stamping required

  2. She can appear for H-4 stamping even though her H-4 extension is still pending. You can leave H-4 extension as is and it would become moot as soon as she leaves US.

  3. Yes

  4. Her application becomes invalid as soon as she leaves US b/c her I-94 record will be closed when she leaves US

  5. Not required

  6. You should if the H-1 and H-4 were filed together.

  7. Yes