Hello All,
Looking for some advice.
I filed my H4b extension in March and it is still under processing. This was when my husband was working with Employer A. Meanwhile he got separated from Employer A. The H1b grace period got kicked in. Luckily within the grace period he got a new job with Employer B and his new H1b is also approved.
Since my H4b is still under processing, do I need to file a new H4b application with new H1b (Employer B) details or I can upload the new H1b details on the existing application.
Please advice.
If you filed your H4 extension online, you may want to upload the new copy of I797 approval notice for your husband if it allows you to do so.
If you filed paper application, you can send in the copy of new I797 for your husband, along the a cover letter explaining that your husband changed the employer. You can send to the service center that is processing your H4.
If this letter and copy of I797 do not make to your H4 file for whatever reason, USCIS may send a RFE for you to submit the copy of new I797 approval notice for your husband.
It is totally up to you if you want to file a new H4 based on your husband’s new I797.
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Hey Kalpesh,
Thank you very much for all the clarifications. I appreciate you took time and responding to me.This was really helpful.
I am ropening this thread again, I filed my H4 extension in March 2021, in June 2021 my spouse who is on H1b changed employer, We updated USCIS about the latest I-797, even uploaded the document on H4 inprogress application.
Meanwhile prev Employer revoked old H1b. Now today (Sept 2021) I got a denial notice which is totaly based on prev employer H1b . They haven’t considered the latest I-797 which I uploaded in June. I have options of I-290B within 33 days, or file
a new H4 with current I797 of my spouse. My I-94 is yet to expire. Please advice ?
This is odd! Ideally USCIS should have sent RFE instead of straight away denying the EOS.
If I were you, I would file I-290B MTR and appeal with supporting documents. You dont want to pay H4 filing fees again when you did the right thing by providing the new I-797 for H1B.
Thanks Kalpesh. Turn around time for I-290B is going to be less than filing new H4 ? But seems like I-290B is more expensive than new H4.
It’s your choice of either doing MTR or new H4 while their I-94 is still valid. If I-94 has expired, you will need to file for new H4 EOS using NPT.