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Tricky situation - need info for h4 to h1b transfer cos

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  • Tricky situation - need info for h4 to h1b transfer cos

    Need the following info if it is possible . Please advise if we have any other options

    1. In 2017, my wife who was residing in US on H4 visa, traveled to India on March 29th and returned back to US on H4 visa in July.

    2. The same year, 2017, Employer X applied for her H1B. The H1B was picked up and got approved in Feb 2018. Since she was outside US while applying , the I-94 on H1B is different from the one she already had on H4 and the Consulate location mentioned in H1B approval notice was a city in India. So technically though she had approved H1B , she was not allowed to work in US on H1B unless she travels outside US and enters with H1 visa.

    She never traveled outside US after that.

    3. Meanwhile she got H4 EAD in March 2019 and was hired by Employer Y and started working as consultant for Employer Z on EAD.

    4. Now Employer Z has offered full time position.

    Can she move from H4 to H1B by transferring her H1 B to Employer Z. Again she never worked on H1B before. Please advise if this is feasible or any other available options

  • #2
    Yes she can transfer her H1.
    Just an opinion; Not legal advice.