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Filing H4 extension (COS) later after h1b is transferred.

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  • bas85
    replied
    Originally posted by raghvi View Post
    Advisable to get her h1 upgraded to premium.

    This is my opinion not legal advice.
    Thanks Raghvi, I did consider that option. But my spouse employer mentioned that at this time there is a high risk in rejection when we make a new H1B to premium. They asked us to wait until march. Also, i have no time to wait for my H1B to get transferd for the new employer. Spouse H1B to premium still take another 15-20 days for filing and getting to know the result.

    What do you think the risk of H4 extension (I539) filed after my H1B is transfered? Is it ok for my spouse to continue on the current H4 until then and file a I539 before getting expired?

    Please advice from your experience.

    Leave a comment:


  • raghvi
    replied
    Originally posted by bas85 View Post
    Hello,

    I'm on H1B (valid till April 2017) and I m changing from Employer A to B. My spouse H4 (based on employer A) is also valid till April 2017. However my spouse is having a pending new H1B application.

    My question is, should I file I539 (H4), when I file my H1B transfer from employer A to B? Or should I wait to see the result of my spouse new H1B application?
    (I read that, having 2 application with USCIS can create issue with I94).

    Can I file a standalone H4 (I539), if my spouse H1B is getting rejected (seeing the current political situation) before the current H4 expires (before April)?

    If the above question is Yes, whether my spouse will be able to continue her stay in US with a pending I539, having expired I94?

    Kindly help, as I m in a total confusion.

    Thanks a lot.
    Advisable to get her h1 upgraded to premium.

    This is my opinion not legal advice.

    Leave a comment:


  • Filing H4 extension (COS) later after h1b is transferred.

    Hello,

    I'm on H1B (valid till April 2017) and I m changing from Employer A to B. My spouse H4 (based on employer A) is also valid till April 2017. However my spouse is having a pending new H1B application.

    My question is, should I file I539 (H4), when I file my H1B transfer from employer A to B? Or should I wait to see the result of my spouse new H1B application?
    (I read that, having 2 application with USCIS can create issue with I94).

    Can I file a standalone H4 (I539), if my spouse H1B is getting rejected (seeing the current political situation) before the current H4 expires (before April)?

    If the above question is Yes, whether my spouse will be able to continue her stay in US with a pending I539, having expired I94?

    Kindly help, as I m in a total confusion.

    Thanks a lot.
    Last edited by bas85; 02-05-2017, 10:33 PM. Reason: h4 to h1, standalone h4, i94 expires
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