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  • H4-H1B-H4 transfer

    Hi All,

    I need some help on a very difficult situation.

    My wife joined me here on H4 visa, then she applied for H1B which got approved in Oct 2014 - she was working till Feb 2016 and we had to move out of our base location. So she started looking for a new job , but could not get a new assignment and interim she got pregnant.

    We did not do COS as my I797 was expiring and a new one was already applied. This got eventually approved in Sept 2016 and now we want to apply for COS for my wife and transfer her status to H4. We dont know if her employer revoked the H1B. We have never been out of US during these years.

    What are the options for us, my wife cannot travel now, as she is expecting and she has been advised rest , not to travel in her current condition

    Please let us know how we can get thru this

  • #2
    Originally posted by rprav View Post
    Hi All,

    I need some help on a very difficult situation.

    My wife joined me here on H4 visa, then she applied for H1B which got approved in Oct 2014 - she was working till Feb 2016 and we had to move out of our base location. So she started looking for a new job , but could not get a new assignment and interim she got pregnant.

    We did not do COS as my I797 was expiring and a new one was already applied. This got eventually approved in Sept 2016 and now we want to apply for COS for my wife and transfer her status to H4. We dont know if her employer revoked the H1B. We have never been out of US during these years.

    What are the options for us, my wife cannot travel now, as she is expecting and she has been advised rest , not to travel in her current condition

    Please let us know how we can get thru this
    Apparently she has not got paid post Feb 2016. That makes her out of status since then. Once out of status a COS would not be approved. Nonetheless would advise getting COS filed immediately.

    This is my opinion not legal advice.

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