Question details
How should an H-1B petition be sequenced if the beneficiary has a pending H-4 extension currently subject to an RFE questioning maintenance of status during a prior grace period?
ANSWER
FAQ Transcript
When USCIS is actively scrutinizing H-4 maintenance of status, avoid filing the new H-1B in Premium Processing initially. If adjudicated while the H-4 RFE is pending, USCIS may deny the H-1B change of status. It is advisable to either wait for the H-4 RFE to be resolved before filing the H-1B, or file the H-1B under regular processing, wait for H-4 approval, and then upgrade the H-1B to Premium Processing.