H1-B transfer - Wife's H4 to F1 with RFE Pending

[smuggy_bomb]

Hi Friends,

I work for a big 4 consulting firm and transferring my H1-B to a client (a 2 Billion dollar american company).......I'm planning to join my new company only after the visa has been transferred ........my questions are:

1.) If the transfer is rejected, can I work for my current employer (assuming I dont resign)

2.) My wife's on H4 and recently applied for COS from H4 to F1 - Do I need to file for her H4 transfer also or not?

Not sure what's the effect of H1 transfer on wife's pending H4 to F1 application.

Need help ASAP. Thanks a lot.

[txh1b]

1. Yes
2. No in general as H4 is not tied to an employer. If the expiration date of H4 is coming up, then it makes sense. As there is a COS pending, if you apply, then the last action rules comes into picture.

[smuggy_bomb]

Thanks Txh1b as always.

My wife's H4 is not expiring anytime soon. We have an RFE (ability to pay) on her H4 to F1 COS and we will be replying next Monday..........and 5 days after sending the reply....I'll be transferring my H1-B.

Jus want to make sure that my H1 transfer does not put my wife out of status.

[txh1b]

No, it will not as long as her H4 I-94 is valid while the F1 COS is pending.

As she is going from a dependent status(H4) to an independent status (F1), the impact due to this is minimal as long as your H1 is maintained, she will be fine.

If it was the vice-versa i.e from a F1 to a H4 and you are moving employers, it would have been a different scenario with a possibility of RFE.

[smuggy_bomb]

Thanks txh1b.

I'll go ahead with my H1 transfer after I finish replying the H4 to F1 RFE.

Actually on my wife's H4 - my company name is mentioned - that's why I was worried that her H4 is also linked to my H1.

[txh1b]

Actually on my wife's H4 - my company name is mentioned - that's why I was worried that her H4 is also linked to my H1.

That is normal.