Hi all,
Our case is a peculiar one.
I was working for Company A in US on L1 since 2005 and my wife was with me on L2 as my dependant. Company B was interested in me and decided to process H1 and applied for the same in May 2006. Though I gave all the documents both for me and my wife to Company B, somehow they applied only H1 and not H1&H4 together.
Company B realized this later in the game and we rushed the application for H4 only when the H1 was about to get approved. Please see the following dates.
H1 Approval Date: 18-OCT-2006
H4 Receipt Date: 24-OCT-2006
Since there is a gap of 6 six between H1 approval and H4 receipt I am wondering if USCIS will approve my wife's H4. The reason is that as soon the H1 is approved, L1 becomes invalid. If that is true then L2 becomes invalid as of 18-OCT-2006 too. I am afraid that USCIS might say that my wife does not have a valid status from 18-OCT-2006 to 23-OCT-2006. Could you folks please let me know if this would be case. Will my wife's H4 get approved ?
Current Status: Due to some more confusions and RFE etc. the H4 application is still under processing (a total of 6 months have passed) with USCIS. In the latest RFE, USCIS had asked for the H1 approval of mine and the lawyer had sent it. USCIS has received the same couple of weeks back. FYI, myself and my wife are both in US since 2005. We applied for L1 to H1 status transfer.
Thanks and regards.
Our case is a peculiar one.
I was working for Company A in US on L1 since 2005 and my wife was with me on L2 as my dependant. Company B was interested in me and decided to process H1 and applied for the same in May 2006. Though I gave all the documents both for me and my wife to Company B, somehow they applied only H1 and not H1&H4 together.
Company B realized this later in the game and we rushed the application for H4 only when the H1 was about to get approved. Please see the following dates.
H1 Approval Date: 18-OCT-2006
H4 Receipt Date: 24-OCT-2006
Since there is a gap of 6 six between H1 approval and H4 receipt I am wondering if USCIS will approve my wife's H4. The reason is that as soon the H1 is approved, L1 becomes invalid. If that is true then L2 becomes invalid as of 18-OCT-2006 too. I am afraid that USCIS might say that my wife does not have a valid status from 18-OCT-2006 to 23-OCT-2006. Could you folks please let me know if this would be case. Will my wife's H4 get approved ?
Current Status: Due to some more confusions and RFE etc. the H4 application is still under processing (a total of 6 months have passed) with USCIS. In the latest RFE, USCIS had asked for the H1 approval of mine and the lawyer had sent it. USCIS has received the same couple of weeks back. FYI, myself and my wife are both in US since 2005. We applied for L1 to H1 status transfer.
Thanks and regards.