H1B transfer and Wife's H4 to H1B process

[ashishpattanaik]

Is it necessary to submit my wife's document & form I-539 for her H4 transfer to my new employer when I do H1B Transfer?


I am changing my employer while my wife's H4 to H1 is in Progress. I am being asked by my employer to submit my wife's document & form I-539 for her H4 process along with my H1B transfer. Would her H4 to H1B process be affected due to my Employer change with 2 applications with USCIS when both I-94 is not due to expire till Oct 2015?

[raghvi]

Is it necessary to submit my wife's document & form I-539 for her H4 transfer to my new employer when I do H1B Transfer?


I am changing my employer while my wife's H4 to H1 is in Progress. I am being asked by my employer to submit my wife's document & form I-539 for her H4 process along with my H1B transfer. Would her H4 to H1B process be affected due to my Employer change with 2 applications with USCIS when both I-94 is not due to expire till Oct 2015?

Its not required, tell your employer about the H4 to H1 COS for your spouse and that you dont want to jeopardize that.

At the same time, if your spouse's H1 was applied afresh in April 2014, its high time the approval should have come in already, she should contact her employer and ask for a status, and if still pending ask employer to upgrade H4 to H1 to premium.

This is my opinion not legal advice.