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  • Urgent advice needed!!

    Hi,
    Currently my husband changed his job from Company A to B. His visa is in process for transfer A to B.
    Now, I am on H4 visa with company A ( expires on Sept 2014).
    If I am willing to apply for H1 visa this year, shall I first convert my H4 visa to company B OR is it fine if I can file directly from H4 on company A ( valid till Sept 2014 ).
    Transferring for H4 from A to B and then applying for H1 visa might be long process.
    Please guide.
    Thank you.

  • #2
    Originally posted by Bakul View Post
    Hi,
    Currently my husband changed his job from Company A to B. His visa is in process for transfer A to B.
    Now, I am on H4 visa with company A ( expires on Sept 2014).
    If I am willing to apply for H1 visa this year, shall I first convert my H4 visa to company B OR is it fine if I can file directly from H4 on company A ( valid till Sept 2014 ).
    Transferring for H4 from A to B and then applying for H1 visa might be long process.
    Please guide.
    Thank you.
    Visas are not tied to employers as per se, its the petition which is tied.

    When is your I-94 expiring? If after 01-Oct-2014 then fine, otherwise you have to file H4 Extension request too otherwise your COS to H1 wouldnt be approved.



    This is my opinion not legal advice.

    Comment


    • #3
      Urgent Help needed

      Originally posted by raghvi View Post
      Visas are not tied to employers as per se, its the petition which is tied.

      When is your I-94 expiring? If after 01-Oct-2014 then fine, otherwise you have to file H4 Extension request too otherwise your COS to H1 wouldnt be approved.



      This is my opinion not legal advice.


      My I 94 Expiration date is 30 Nov 2014. So in that case, I can continue for filing my H1 ( Currently on H4 with husbands company A) and I will transfer my H4 ( to company B) after my husbands H1 transfer to company B. Later If i get my H1 visa petition approve, again i will have to change H4 with company B to H1 with company C. Is this understanding correct?
      Plz help me.

      Thanks a lot.

      Comment


      • #4
        Urgent advice needed!!

        First of all, understand that you don't have to do anything if your husband move to other company as long as you have a valid visa and I 94.

        To answer your question about H1, You can apply H1 COS on this year (i.e April 1st 2014) and can start working from OCT 1st If your petition get approved.

        This is my opinion.

        Comment


        • #5
          Originally posted by Bakul View Post
          My I 94 Expiration date is 30 Nov 2014. So in that case, I can continue for filing my H1 ( Currently on H4 with husbands company A) and I will transfer my H4 ( to company B) after my husbands H1 transfer to company B. Later If i get my H1 visa petition approve, again i will have to change H4 with company B to H1 with company C. Is this understanding correct?
          Plz help me.

          Thanks a lot.
          I said, and I repeat, visas are not tied to the employer.

          So you dont need to "transfer H4 to company B" in fact there is nothing called as "transfer of H4" . If you file H1 in April as a COS, you can continue to be on existing H4 without doing anything till H1 start date, if approved. If denied, you would have to file an H4 extension before 30th Nov 2014. Also, I hope you dont have plan to travel anytime till then as then things would become slightly more complicated.

          This is my opinion not legal advice.

          Comment


          • #6
            Originally posted by raghvi View Post
            I said, and I repeat, visas are not tied to the employer.

            So you dont need to "transfer H4 to company B" in fact there is nothing called as "transfer of H4" . If you file H1 in April as a COS, you can continue to be on existing H4 without doing anything till H1 start date, if approved. If denied, you would have to file an H4 extension before 30th Nov 2014. Also, I hope you dont have plan to travel anytime till then as then things would become slightly more complicated.

            This is my opinion not legal advice.


            Hey Thanks a lot . Concept is clear now
            Thanks once again

            Comment

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