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H1B Transfer/H4 Extension

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  • H1B Transfer/H4 Extension

    Hello,

    I am currently in the US on a H1B visa and my wife lives with me on a H4 visa. Both our visas and I 94 expires on Jan 31, 2016. My currently employer (Employer A) has filed for visa extension for both my H1B and my wife's H4 and the case is currently pending USCIS decision. I have received the receipt number for both(H1B and H4).

    Meanwhile I got an offer from another employer (Employer B) and the employer filed the H1B transfer under premium processing and I have received the approval notice through email. I have few questions surrounding this scenario.

    1) I understand that I can start working for the new employer (Employer B) as soon as I get the approval notice of H1B transfer with USCIS. Would it be a good idea to join Employer B now or do I wait till I get the hard copy of the H1B transfer?

    2) The new employer (Employer B) have applied the H4 extension for my wife. I don't have the receipt number to check the status. Since her current I 94 expires on Jan 31, 2016, will there be a problem if I join the new company?

    Appreciate your responses in advance. I am looking to get an answer ASAP since this decides my career move and other financial plans.

    Thanks

  • #2
    1) I understand that I can start working for the new employer (Employer B) as soon as I get the approval notice of H1B transfer with USCIS. Would it be a good idea to join Employer B now or do I wait till I get the hard copy of the H1B transfer?
    >>> It is advisable to wait until you get the approval notice. If your transfer was filed in premium, then the employer / attorney would have received the H1B approval notice via email. If you you have a copy of the approval, then you can begin working. Make sure the employer also files your wife's H4 petition.

    2) The new employer (Employer B) have applied the H4 extension for my wife. I don't have the receipt number to check the status. Since her current I 94 expires on Jan 31, 2016, will there be a problem if I join the new company?
    >>> If the new employer also filed your wife's H4 extension, then you should receive the receipt notice by mail soon (within 2 - 3 weeks). You joining the new employer has nothing to do with your wife's H4. But make sure the new employer filed her H4.
    Not a legal advice. Use of this information is strictly at your own risk.

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