Need Help on H4 to H1 ... Thanks in Advance

[karthikeyaudayagiri]

Hi Experts,

We need your help giving your expert guidance on current situation.

1) Currently I am on H1B with Employer A and I have I94 Validity till 12-31-2016, My spouse is on Employer A H4 VISA with same I94 Validity.
2) Now we are in the process of filing the Status of change for my spouse (H4 to H1B) and parallelly I am planning to change my employer A to Employer B
3) Status of Change for my wife will be filing with Employer A, will be done in next 10 days to USCIS
4) Employer B planning to transfer my H1B and as well as my spouse H4, this will be filed in next 10 days.

Help me on this.
--> Can you any one please help me understanding with the correct way of handling this scenario in better manner
--> will it cause any conflict at USCIS because both status of change for my spouse, my H1B transfer will be filed at near about the same time?
--> If it causes the problem, will this be fine if I hold my H1B and my spouse H4 VISA transfer with Employer B till my spouse status of change filed with USCIS (Apr 1st) ?

Please suggest ASAP. Thanks a-lot for your response in advance.

Thanks,
Karthikeya

[raghvi]

Hi Experts,

We need your help giving your expert guidance on current situation.

1) Currently I am on H1B with Employer A and I have I94 Validity till 12-31-2016, My spouse is on Employer A H4 VISA with same I94 Validity.
2) Now we are in the process of filing the Status of change for my spouse (H4 to H1B) and parallelly I am planning to change my employer A to Employer B
3) Status of Change for my wife will be filing with Employer A, will be done in next 10 days to USCIS
4) Employer B planning to transfer my H1B and as well as my spouse H4, this will be filed in next 10 days.

Help me on this.
--> Can you any one please help me understanding with the correct way of handling this scenario in better manner
--> will it cause any conflict at USCIS because both status of change for my spouse, my H1B transfer will be filed at near about the same time?
--> If it causes the problem, will this be fine if I hold my H1B and my spouse H4 VISA transfer with Employer B till my spouse status of change filed with USCIS (Apr 1st) ?

Please suggest ASAP. Thanks a-lot for your response in advance.

Thanks,
Karthikeya

Technically there is no need for your new employer to file "H4 transfer". If they insist, you can tell that you are planning to file an H1 for her, and it may end up messing her COS from H4 to H1 if two applications are being processed by USCIS simultaneously. If they still insist, ask them to file your H1 in premium and ensure H4 transfer also goes along with it

This is my opinion not legal advice.

[karthikeyaudayagiri]

Technically there is no need for your new employer to file "H4 transfer". If they insist, you can tell that you are planning to file an H1 for her, and it may end up messing her COS from H4 to H1 if two applications are being processed by USCIS simultaneously. If they still insist, ask them to file your H1 in premium and ensure H4 transfer also goes along with it

This is my opinion not legal advice.

Thanks a-lot raghvi for your response,

As you said, If I hold my spouse H4 transfer to new employer(Employer B). what if if they revoke my current H1B with Employer A and she will be out of status right?.
Also, will it cause any conflict at USCIS because both status of change for my spouse, my H1B transfer will be filed at near about the same time with USCIS?
Please help me to understand. Once again thanks for your response

Thanks
Karthikeya.