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H1 to H4 , & H1 Transfer

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  • H1 to H4 , & H1 Transfer

    Deal Forum Members,

    I have a very complex scenario.
    My wife & I are working for India leading Soft co. ( Company A) Both of us have H1B.
    My wife had to go back to India as her assignment ended & we did not get sufficient notice to get her H1 transfer completed ( Company B).But we could get her H1 transfer process started now.

    She is India right now & I am in US.

    Here are my questions
    1. We are trying to her Visa transfered from H1 to H4 ( i guess that's just a change of status) , get her stamping done , bring her to US. Once her H1 transfer is complete , She can quit Company A and be on Payrolls of company B as soon as we receive the H1 transfer receipt.
    2. If company A doesn't allow her to come to US then quit Company A in India , get a H4 done and come to US ( I think in this her H1 with company A will get canceled and we will file for a H4). When H1 transfer receipt is received join
    3. Travel to US on current H1 without informing company A. Quit company A when H1 transfer receipt( to company B) is received ( hopefully with in a week from now).
    4. Wait in India till entire H1 transfer is complete and then travel to US on H1 from company B.
    5. Travel to US on a new assignment from A, complete the assignment and then join B on completion of transfer process and the assignment.

    Please let me know which of these are possible and if any of these have adverse impact on our status. I would soon be initiating green card filing for both of us. So wanted to know if any of these steps will harm the credibility of our application.

    Thanks for quick response.
    Abhiyanta.

  • #2
    1. There is no COS involved here as she is out of US. All she needs to do is attend for a H4 visa stamp and return. Read the FAQs. Any company can transfer her H1 even if she is on H4 in the US later on.
    2. She has to have an approved I797 with B to enter US on H1b and work for them. Once inside US on h4, she can only join after a COS to H1b is approved. I suggest you do some reading on the forum on similar cases to improve your knowledge on the issue.
    3. That is illegal and fraud. Don't even try it. It will not work.
    4. Yes. B can go with PP.
    5. Possible

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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