H4 to H1 while H1 transfer

[mail2pgs]

Hi
Can anyone answer this scenario?

Husband working on H1B visa, looking for another job by H1B transfer.
Wife currently on H4 got offer from one company and they are willing to apply a new H1b .
What is the best option,
husband has to wait H1B transfer till his wife's H1B pettion is approved?
or he can apply for H1B transfer while his wife H1B is being processed?

Is there any problem in transfering the H1B while his dependent's COS (H4 to H1)pending?



Regards
PGS

[shervin143]

No issues. Your H1B petition has got nothing to do with your spouse's H1B. H1B petitions of two different individuals are no way related.

[mail2pgs]

Thanks Shervin
If primary holder transfer his H1 he needs to apply the spouse H4 also correct? Is this cause any issues while his spouse already started processing her H1B? (COS from old H4).
what if primary visa holder transfers using premium processing and spouse's H1B under normal processing? In spouse's H1B application is based on old H4 while processing she will get a new H4 if her husband gets a new H1B correct? is this cause any problem of spouse's H1B application?

[shervin143]

As long as your COS from H4 to H1B is filed before your current I-94 expires, you are good.

There is no need to apply for an H4 extension just because the primary H1B holder is switching employer. H4 extension is a separate process and some employer file it along with the H1B. H4 is not associated with any employer. H4 is associated with the primary H1B holder maintaining his/her status correctly irrespective of which employer he/she is working for. So if your H4 I-94 is not expiring shortly, then there is no need to apply for the extension along with the H1B transfer.

Thanks Shervin
If primary holder transfer his H1 he needs to apply the spouse H4 also correct? Is this cause any issues while his spouse already started processing her H1B? (COS from old H4).
what if primary visa holder transfers using premium processing and spouse's H1B under normal processing? In spouse's H1B application is based on old H4 while processing she will get a new H4 if her husband gets a new H1B correct? is this cause any problem of spouse's H1B application?

[mail2pgs]

Thanks Shervin for the helpful answer.