My spouse’s H-1B petition has been in pending status since April 2018. Her employer is not agreeing to do premium processing, even if we are ready to pay the fee. Continued...

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The employer is stating that there is no guarantee for approval. Is there anything that we can do in this situation?

My spouse was working with her employer until Sep 2018 on H4 EAD. Her job was terminated in Oct 2018 as she did not receive the approval on the H-1B petition.

Is there a law which prevents employers to terminate H4 EAD folks when H1B approval in process? Never heard of that.
Also please call USCIS and check why it is pending without an RFE. It’s been 10 months. Even with normal processing it shouldn’t take more than 6-8 months.

Sorry instead of terminate I should have written “employ”

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