H4-H1 ( Received I-797b) Please Help me out with options and suggestions.PLEASE!!

[SapnaSomayaji]

Hi,

I came to USA in 2014 in H4visa and my i94 valid till Sep-2016.

My spouse got an offer from a company B and they filed for H1b transfer along with my H4 in March-2015.

Meanwhile I applied for H1b on April-2015 through a consultancy .

H1 transfer along with H4 got approved on may-2015.

But due to some reason he could not join company B within the time frame(2months) and continued to work in company A.

I go tmy H1b approval notice with I-797B consular processin(Chennai) on July17th without an I-94.

Later company B applied for H1b transfer again in August(2015), but my spouse told not to file my H4 as my H1 was processing.
Approval is still pending with USCIS for my spouse till date.

1.Since my consultancy could not provide necessary documents for stamping, I'm planning to change employer and have an offer from another employer. Can they file my H1 Transfer in premium processing along with COS without going for stamping?
OR
2.Am I Out of Status now to apply for a COS? My H4 I94 is valid till Sep 2016.

[shervin143]

Your post is very confusing. At one point you mentioned that your H1B got approved for consular process and then you mentioned that you did not apply for H4 because your H1B is processing. Also, did you get a copy of your H4 approval when company B filed your spouse's H1B and your H4? What is the expiry date on that I-94? The most recently received I-94 will be the one that will determine when your H4 status will expire. The H1B transfers that you were mentioning in question, were they all for your spouse or did you try a H1B transfer with an employer. It is hard to help without the right information.

[SapnaSomayaji]

Your post is very confusing. At one point you mentioned that your H1B got approved for consular process and then you mentioned that you did not apply for H4 because your H1B is processing. Also, did you get a copy of your H4 approval when company B filed your spouse's H1B and your H4? What is the expiry date on that I-94? The most recently received I-94 will be the one that will determine when your H4 status will expire. The H1B transfers that you were mentioning in question, were they all for your spouse or did you try a H1B transfer with an employer. It is hard to help without the right information.

Hi Shervin,

Sorry for the confusion. Its very complicated I know. . When H1b of my spouse and my H4 was applied for the first time with Employer B (spouse's), my i94 validity is till April 2016( which I checked now with my spouse) . According to Employer B, he had to join the organization within 2 months of the approval i.e, within july15th ( because his h1b and my h4 was approved on may15th). Since the position was filled, he could not join and continued in company A. Later he got another opportunity with the same company B again and his employer B told that they have to refile his H1b again since its not valid anymore(as he could not join within 2 months) according to their company policy.when my spouse's employer B initiated his H1b transfer the second time, he asked not to file mine as I already had i797b. And it is still pending.

And those questions at last were with respect to me. Now My employer A who applied for my H1b cannot provide documents for consular process. I have offer from a reputed company B and can they initiate H1b transfer along with COS without the need of me going for consular process?

Sorry, according to my latest I94 , validity is till april 2016 and not sep 2016( which I mentioned in the earlier post).
But my spouse's H1b (first time's) is not valid anymore. Will mine be vaild? Or I'm out of status?

[shervin143]

And those questions at last were with respect to me. Now My employer A who applied for my H1b cannot provide documents for consular process. I have offer from a reputed company B and can they initiate H1b transfer along with COS without the need of me going for consular process?
>>> Possible if you have a copy of your H1B approval notice.

Sorry, according to my latest I94 , validity is till april 2016 and not sep 2016( which I mentioned in the earlier post).
But my spouse's H1b (first time's) is not valid anymore. Will mine be vaild? Or I'm out of status?
>>> You are not out of status. Since your H1B got approved for consular process you are still in H4 status. And since your H4 I-94 is still valid, you are good. There is no such thing as H4 transfer. There is no need to file I-539 for you (H4 extension) every time your spouse switches employers (although it is good to do that so both of you will have the same I-94 expiry date). You need to file your H4 extension (can be filed separately and by yourself) only when your H4 I-94 is about to expire. Extension can be filed within 6 months from the I-94 expiry date.

[SapnaSomayaji]

Hey Shervin,

Thanks a ton for your valuable response. Cleared my mind. Thank you so much.

Last question: Will I need the petition documents like I-129, supplements and other from my Employer A for H1b Transfer? They are buying time from me and not sending any documents( I only have copy of I797b).

[shervin143]

Copy of I-797 is enough to file the transfer.

Hey Shervin,

Thanks a ton for your valuable response. Cleared my mind. Thank you so much.

Last question: Will I need the petition documents like I-129, supplements and other from my Employer A for H1b Transfer? They are buying time from me and not sending any documents( I only have copy of I797b).