is it possible to go for H4 extension stamping when primary H1B extension is RFE

USA L1, L2 Visa
1

Hi,

Myself(H4) and My husband(H1B) are currently in USA, we applied H1B and H4 extension together, i got my H4 Approval notice , but my husbands employer told his H1B is in RFE, and yet to submit RFE response

In such a case will I be able to go to India , stamp my visa and come back?

first of all is it possible to have H4 approved when my husband H1B is in RFE?

2

Even though your H-4 has been approved, it needs an accompanying H-1 petition to be meaningful. So avoid stamping and travel until corresponding H-1 petition has been approved.

It looks like USCIS made an error and approved H-4 w/o waiting for H-1 to be approved first.

3

thanks Saurabh… the company by policy do not share primary H1B receipt number… so i wanted to make sure

I was wondering how USCIS approved before in hand

4

Looks like an error on USCIS side. Make sure attorney is aware of this. Your status will become H4 from Oct 1 but you will not be in status as H1 petition hasn’t been approved yet. So attorney needs to be aware of this and needs to think through.