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Changing Employer while spouse h4 is pending

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  • Changing Employer while spouse h4 is pending

    My spouse is on F1 and she is planning to switch h4. Given that f1 to h4 change of status can take 6+ months, how advisable would it be to change my employe ? Will that impact my spouse's F1 to H4 transition ? If I do happen to change my employer, will her older h4 application be scrapped and a new one will be started ? Is F1 to H4 COS something that has to be done through the employer ?

    Thanks in Advance!​

  • #2
    Hi,
    Please see my response below.
    how advisable would it be to change my employe ?
    Ans: you can change your Employer. At the time of filing H1B transfer, you can also file H4 change of status petition together.

    Will that impact my spouse's F1 to H4 transition ?
    Ans: No.

    If I do happen to change my employer, will her older h4 application be scrapped and a new one will be started ?
    Ans: If you already initiate H4 COS with the current employer H1B Approval and petition is pending, during this time, if you transfer your H1B, there is a possibilities of receiving RFE. At that time you can share new employer approval notice. with that it will be smooth process.

    Is F1 to H4 COS something that has to be done through the employer ?
    Ans: It can be self petition. you can file yourself without seeking Attorney help.

    Thanks

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