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H1B transfer while H4 adjustment pending

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  • H1B transfer while H4 adjustment pending


    I was on H1B visa until March and had my I-140 approved through my previous employer. Then I was laid off and was told that I had 60 day grace period on my H1B status. Before that grace period ended, I sent an I-539 application to USCIS to change my visa from H1B to H4 based on my spouse's H1B status. As soon as the grace period ended, I got a job and my new employer is willing to sponsor visa transfer for me. Based on another friend's experience, I assumed that they will be able to do the visa transfer as long as H4 application is still pending. But now the company lawyer just told me -
    "If you currently have a pending change of status (from H-1B to H-4) application, we should not file H-1B change of employer petition because once in H-4 status you cannot change employers in H-1B status you will no longer have. It is my understanding that you have a pending adjustment of status application. In certain circumstances, you can change employers during the adjustment process."

    I'm getting nervous now. Does anyone else have this kind of experience or any insights into what my options would be?


  • #2
    Hi Kriti
    I am in a similar situation. What did you do finally?


    • #3
      Hi there, would you like to share the experience please, same situation and would like to know if USCIS will issue RFE on H4 or they will reject ?


      • #4
        Hey I am also in a similar situation. Any confirmation on applying h1-B? Please someone reply