H1 + H4 Transfer in progress with new employer, applying H1 for my wife

[varaprasadm34]

Hi Team,

I have my H1 B transfer filed with my new employer along with H4 which should take care of my extension as my I94 expires this april 16th. Would there be any issues as we got some consultancy to file H1 B petition for my wife( on H4) under new cap this year while H4 extension is in progress.

Please help me understand as both the cases would be with USCIS at same time. Would USCIS consider the new petition for H1 B while they see H4 on extension.


And many thanks for putting your efforts in answering our queries. Thanks a ton to all of you!!

[raghvi]

Hi Team,

I have my H1 B transfer filed with my new employer along with H4 which should take care of my extension as my I94 expires this april 16th. Would there be any issues as we got some consultancy to file H1 B petition for my wife( on H4) under new cap this year while H4 extension is in progress.

Please help me understand as both the cases would be with USCIS at same time. Would USCIS consider the new petition for H1 B while they see H4 on extension.


And many thanks for putting your efforts in answering our queries. Thanks a ton to all of you!!

They would treat them separately but would either raise an RFE for providing proof of H4 extension or approve H1 as consular process.

This is my opinion not legal advice.

[varaprasadm34]

They would treat them separately but would either raise an RFE for providing proof of H4 extension or approve H1 as consular process.

This is my opinion not legal advice.

Hi Raghvi, many thanks for the response. Considering the above scenario, what if i have got my H1 transfer done on premium. This would have my H1 B +H4 approved as well. would this avoid New H1 petition (for my wife) being approved through consular process??

[raghvi]

Hi Raghvi, many thanks for the response. Considering the above scenario, what if i have got my H1 transfer done on premium. This would have my H1 B +H4 approved as well. would this avoid New H1 petition (for my wife) being approved through consular process??

It may not completely avoid it, but chances reduce substantially, again provided the H1 employer's credentials and documentation is correct.

This is my opinion not legal advice.