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H1b Extension Rfe-possible Denial-change Of Status

Discussion in 'Nonimmigrant Visa Validity' started by Sudheer Kalakonda, Dec 26, 2014.

  1. Sudheer Kalakonda

    Sudheer Kalakonda New Member

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    I need some guidance about my wife's H1B Extension.
    Scenario: Employer- Primary Vendor-End Client.
    She works at the end client location through a primary vendor.

    Her I-94 expired on 15-OCT-2014.
    Her employer filed for an H1B Extension on 05-OCT-2014.
    She got an RFE on 05-NOV-2014.
    USCIS is asking for a Client Letter.

    We have asked the primary vendor to Initiate a client letter but there is no guarantee we are going to get one.
    If we respond to the RFE without a client letter and let's say If I get a H1B Denial.

    Will she be considered as out of status since the I-94 Expiration date (or) the H1B Denial date?
    Can she file for Change of Status to H4 on my H1B without leaving United States (or) should she leave the country and re enter as H4?
    Can she file this change of status to H4 online on the same day of denial to avoid being out of status?

    I also heard from some of my friends that she can apply for H1 Transfer to a different employer once the H1 Denial comes.
    Is that correct?

    Any guidance in regard to this is very helpful...thanks in advance.
     
    Last edited: Dec 26, 2014
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    She is in lawful status right now. If her petition is denied, she will go into unlawful status as soon as the denial is issued.
     
  3. Sudheer Kalakonda

    Sudheer Kalakonda New Member

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