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Any problem for H4 conversion to H1, when the spouse H1 visa is getting transferred

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  • Any problem for H4 conversion to H1, when the spouse H1 visa is getting transferred

    I am working in US with H1B visa and applied H4 to H1 transfer for my wife. Her current visa status is RFE and the employer is working to submit the additional documents. I am planning to move from my current employer to another employer with H1 visa transfer. Is it advisable? Will this affect my wife visa process in any case. Please let me know. Thank you.

  • #2
    No issues. Your H1B transfer will have no impact on your wife's H1B petition.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks Sherwin..

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      • #4
        Originally posted by aurelelobof View Post
        Thanks Sherwin..
        So in this case, should the new employer needs to do any H4 processing for my wife too? If so, will this H4 processing in new company may impact her current H1B processing (happening in parallel)?

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        • #5
          Originally posted by aurelelobof View Post
          So in this case, should the new employer needs to do any H4 processing for my wife too? If so, will this H4 processing in new company may impact her current H1B processing (happening in parallel)?
          Typically not required unless I-94 is close to expiring. Till when is H1 and H4 I-94 valid?

          This is my opinion not legal advice.

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          • #6
            Originally posted by raghvi View Post
            Typically not required unless I-94 is close to expiring. Till when is H1 and H4 I-94 valid?

            This is my opinion not legal advice.
            Her H4 and my H1 I94 is valid till 12/31/2016. But as H1 visa is getting transferred to new employer, they are filing I536 for my wife H4 visa. So my concern is this should not impact her current H1B visa processing.

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            • #7
              If your new employer files I-539 for your wife, then upon approval (say after Oct 1st) her status will change back to H4 and she cannot work. There is no need to file form I-539 for your wife just because you are switching employers. Her H4 I-94 is valid for long time. So no need to file H4 extension now. When H1B gets approved, her status will change to h1B from Oct 1st (H1B effective date). Do not complicate it by filing H4 extension.

              Originally posted by aurelelobof View Post
              Her H4 and my H1 I94 is valid till 12/31/2016. But as H1 visa is getting transferred to new employer, they are filing I536 for my wife H4 visa. So my concern is this should not impact her current H1B visa processing.
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment


              • #8
                Originally posted by shervin143 View Post
                If your new employer files I-539 for your wife, then upon approval (say after Oct 1st) her status will change back to H4 and she cannot work. There is no need to file form I-539 for your wife just because you are switching employers. Her H4 I-94 is valid for long time. So no need to file H4 extension now. When H1B gets approved, her status will change to h1B from Oct 1st (H1B effective date). Do not complicate it by filing H4 extension.
                Ok Shervin.. It made me clear now.. Thank you so much..

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