Need someone expertise

[Kishoremaley]

Hi,

I am in a unique situation, I and my wife both were on H-1b till this year. My wife is working with Infosys and recently her h-1b extension got rejected and her company called her back. She is currently working in India. Recently, my company was acquired by xxx company and they gave 1 month notice last month. I transferred my h-1b to xxx consulting company and got a contract opportunity with some client.
My old H-1b (I-797) is valid until end of the October. I am planning to bring my wife back to USA as soon as possible. My employer is suggesting me to send the old h-1b and my pending h-1b transfer along with other documents like w2s, client letters, pay stubs e.t.c. Can I follow my employer instructions? Does anyone encounter similar situation?

Experts, please throw some light? I appreciate your help.

Regards,
Kishore.

[txh1b]

You may not do that as your current employer will be the basis for her H4 and not the previous one. Even if you do, the visa may end up in 221g or being valid till Oct. You better upgrade to PP if your wife wants to be here sooner so that the right visa could be granted for the right period rather than a 221g.

If wife wanted to be here, you should have filed for a COS to H4.