Hi Saurabh,
Please note that I have a valid I-94 till 2015 and my H4’s also have a valid i-94 till their passport expiry date which is earlier than 2015.
I have filed for another H1 transfer but it ended up with an RFE.
I have the following questions:
What would happen if they approve the H1 transfer but does not issue i-94? Will my current i-94 be still valid or should I go for stamping?
I did not join them based on EAC as I am not sure what would happen to the RFE. The company that filed my H1 transfer is a relatively bigger organization compared to the one I am currently working on.
Your current I-94 will remain valid and you can continue working for current employer. However, you cannot work for new employer unless you re-enter US using that petition and get I-94 for that petition.
Hi Saurabh,
One more question!
I am working of Employer A. I just Employer A based on an RFE which I received on Dec, 2012. It got approved on Feb 2013, but again an amendment was filed to correct some typo error and I received the final petitions only on April 2013 (first week). My family was in India and they went for stamping and reached here on April 3rd week. They have i-94 till Mid 2015 (due to their passport end date) and I have i-94 based on Employer A till November 2015.
Now, Employer B had filed for H1 transfer and it also resulted in RFE in first week of May 2013. They also did not file for H4 for my dependents.
Please find my questions below:
Since they have not filed for H4, if I resign from Employer A and join Employer B based on EAC, will my dependents lose their H4 status even though they have valid i94 and visa stamp till April 2015?
What are the chances that my RFE will get approved without any issues? Are there any chances for consular processing? Employer B is a relatively bigger employer with a great revenue. I did not expect any RFE from Employer B.
No they don’t. B is not required to file anything for H-4 dependents and they didn’t do so as it would have resulted in same end date due to the passport. Once they get the passports renewed, B can file for H-4 extensions. H-4 is dependent on your status and not employer.
I don’t know what the RFE reason is. Unless you know the reason and asked documents/information, it is not possible to guess.
Thanks,
The RFE reason is that USCIS has requested for the proof of contracts and Purchase orders as the I-94 is requested for 3 years till 2016. The Employer B Immigration representative has said that they have all the documentation and also said that since I already have a valid I-94 along with valid status and pay stubs and filing for transfer, it should not be an issue. But I have a fear about consular processing and hence wanted to check on the same.
Thanks,