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  • H1B transfer and spouse' F1

    hi.
    I came to US on H4 visa and I got my Change of status from H4 to F1 recently. Now my husband is going to change his employer and his H1B visa will get transferred to the new employer. Our I-94 is valid for another 5 months. I have the following question:
    1. In case of H1b Transfer for my husband, what happens to spouse's F1 visa?
    2. In case my Husband's H1b is transferred and I94 gets extended, what happens to spouse's I94?
    3. Do I need to also submit my f1 papers to my husband's new employer?

    Pls suggest. It's very urgent.

    Thanks.
    Last edited by nmjmu007; 01-02-2012, 12:11 AM. Reason: Getting email notification

  • #2
    1. In case of H1b Transfer for my husband, what happens to spouse's F1 visa?
    >>> Nothing. F1 is independent of the spouse's H1B. You will remain in F1 status.

    2. In case my Husband's H1b is transferred and I94 gets extended, what happens to spouse's I94?
    >>> Your I-94 will still be associated to F1 status and the expiry date remains the same. H1B transfer will not have impact on your F1 status or I-94 expiry date.

    3. Do I need to also submit my f1 papers to my husband's new employer?
    >>> No.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks a lot Shervin..

      1. So, what is the process to extend my I94 as my I94 is getting expired in July 2012 and my Change of Status(F1) is valid till May 2012 only..

      2. The other ting is that my husband's new emloyer is asking to submit the copies of my documents as well.So, i am wondering what documents to submit with them: passport copy with H4 stamping or Change of Status (F1) documents.

      Please suggest.Thanks in advance..

      Comment


      • #4
        What is your current immigration status? Is it F1 or H4? Are you currently going to school in U.S? If yes, until when are you planning to study? Your husband's employer is most likely planning to file H1B and H4 together (They cannot file F1 extension for you). If that is the case, then you status will change to H4 upon approval with a new I-94 and you will no longer be in F1 status to avail OPT/CPT.


        Originally posted by nmjmu007 View Post
        Thanks a lot Shervin..

        1. So, what is the process to extend my I94 as my I94 is getting expired in July 2012 and my Change of Status(F1) is valid till May 2012 only..

        2. The other ting is that my husband's new emloyer is asking to submit the copies of my documents as well.So, i am wondering what documents to submit with them: passport copy with H4 stamping or Change of Status (F1) documents.

        Please suggest.Thanks in advance..
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks a lot again Shervin.

          As stated earlier, my Current status is F1. I am planning to study till May this year.
          Oh so in that case i should not be submitting my documents with my husband's new employer and wait for my study to finish.
          To extend (I-94) for my stay in US then either I can take OPT OR tell my husband's new employer to file for my H4 status later? Is my understanding correct?

          Please suggest. Thanks.
          Last edited by nmjmu007; 01-02-2012, 10:26 AM. Reason: Rewording

          Comment


          • #6
            That is correct. When your F1 status (I-94 associated with F1) is about to expire, you can either get an OPT and start working or file a COS from F1 to H4. H4 can be applied by yourself. Your husband's employer doesn't have to file it. Look at the instruction to file form I-539 in uscis.gov.

            Originally posted by nmjmu007 View Post
            Thanks a lot again Shervin.

            As stated earlier, my Current status is F1. I am planning to study till May this year.
            Oh so in that case i should not be submitting my documents with my husband's new employer and wait for my study to finish.
            To extend (I-94) for my stay in US then either I can take OPT OR tell my husband's new employer to file for my H4 status later? Is my understanding correct?

            Please suggest. Thanks.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Regarding H4 to F1 Conversion & H1B Transfer of Principal applicant

              Hi,

              I have few queries, which I would like to know and would appriciate if somebody can answer them.

              My Wife is going to school on h4 visa. I am currently planning to convert her h4 to f1 visa. During the process of conversation, can I change my employer and can do a H1B Transfer?

              Is there going to be any impact on h4 to f1 conversion if I do a H1B Transfer?

              Do I need to submit my wife document for H4 transfer to my new employer also when I do H1B Transfer?

              Can somebody let me know what I need to do in this case? Thanks a lot.

              Comment


              • #8
                Originally posted by sandyboston View Post
                Hi,

                I have few queries, which I would like to know and would appriciate if somebody can answer them.

                My Wife is going to school on h4 visa. I am currently planning to convert her h4 to f1 visa. During the process of conversation, can I change my employer and can do a H1B Transfer?

                Yes you can change, those are unrelated. However if any of your I-94's expire while the change of status (H4 to F1) is in progress and if change of status gets denied, there can be some complications.

                Is there going to be any impact on h4 to f1 conversion if I do a H1B Transfer?
                No, at the time of filing change of status, you have to submit H1 petition approval copies and paystubs corresponding to the employer with which you are working at that time.

                Do I need to submit my wife document for H4 transfer to my new employer also when I do H1B Transfer?
                No, don't do that. It is not advisable to have 2 applications pending at the same time. (Your wife)

                Can somebody let me know what I need to do in this case?

                Your wife can file I-539 to change status to F1 anytime (or travel outside and obtain F1 Visa).
                In the meantime your new employer can file their petition for you at any time.


                Thanks a lot.
                See above.
                This is my opinion and not legal advice.

                Comment


                • #9
                  Thanks Kabkaba for the quick response.

                  Both of our I-94 & Visa (H1b & H4) expires by Aug 2012.

                  I have few other questions related to your answers, keeping I-94 expies in Aug 2012 in mind.

                  Let say my wife applies for change of status from H4 to F1 in feb 2012 and in process, and by March I got a new job where I will ask the new employer to process only the H1B Transfer and not the H4 as you said below.

                  Now H1B gets transfered while H4 to F1 is still in process and I didnt process H4 transfer. So, is it considered to be illegal for my wife to stay as my previous H1 is no more valid.

                  2nd Question:

                  Let says my H1B gets transfered and her changes of status got denied, so what would be the next course of action because my wife H4 wasnt transfered to the new employer.

                  Thanks a lot....

                  Comment


                  • #10
                    There is no such thing as H4 transfer. H4 has nothing to do with your employer. H4 remains valid as long as you are in valid H1B status irrespective of whichever employer you work for. If her COS to F1 gets denied, then she will remain in H4 status and you can file the H4 extension later when her H4 status is about to expire (Say 3-4 months before her I-94 expiry date).

                    Originally posted by sandyboston View Post
                    Thanks Kabkaba for the quick response.

                    Both of our I-94 & Visa (H1b & H4) expires by Aug 2012.

                    I have few other questions related to your answers, keeping I-94 expies in Aug 2012 in mind.

                    Let say my wife applies for change of status from H4 to F1 in feb 2012 and in process, and by March I got a new job where I will ask the new employer to process only the H1B Transfer and not the H4 as you said below.

                    Now H1B gets transfered while H4 to F1 is still in process and I didnt process H4 transfer. So, is it considered to be illegal for my wife to stay as my previous H1 is no more valid.

                    2nd Question:

                    Let says my H1B gets transfered and her changes of status got denied, so what would be the next course of action because my wife H4 wasnt transfered to the new employer.

                    Thanks a lot....
                    Not a legal advice. Use of this information is strictly at your own risk.

                    Comment


                    • #11
                      Originally posted by sandyboston View Post
                      Thanks Kabkaba for the quick response.

                      Both of our I-94 & Visa (H1b & H4) expires by Aug 2012.

                      I have few other questions related to your answers, keeping I-94 expies in Aug 2012 in mind.

                      Let say my wife applies for change of status from H4 to F1 in feb 2012 and in process, and by March I got a new job where I will ask the new employer to process only the H1B Transfer and not the H4 as you said below.

                      Now H1B gets transfered while H4 to F1 is still in process and I didnt process H4 transfer. So, is it considered to be illegal for my wife to stay as my previous H1 is no more valid.

                      The pending change of status protects her irrespective of your status. She can even stay after her I-94 expires as long as change of status is pending.

                      2nd Question:

                      Let says my H1B gets transfered and her changes of status got denied, so what would be the next course of action because my wife H4 wasnt transfered to the new employer.

                      If change of status gets denied and her H4 I-94 is still valid, then all she has to do is file I-539 to extend her H4 I-94. However, if H4 I-94 has expired at that time, that will make her illegal. However it is highly likely that if she files change of status in February, the decision will come before August.

                      Thanks a lot....
                      See above.
                      This is my opinion and not legal advice.

                      Comment


                      • #12
                        Thanks Kabkaba... That helps.

                        I have few more question on the same line...

                        We are planning for a vacation to India by May or June. Our H1B & H4 visa/I94 expires in Aug. So do you advise go for change of status for my wife, or can she just take the I20 from the college and during vacation(In India) she can directly go for F1 Stampping.


                        If she apply here in Feb for change of status, and by may it get's approved and after that we go to India, then she has to go for F1 stampping then only she can come back right? So, I am confused which one will be better, because at the end she has to go for Stampping on May or June when we will be in India? Process wise also can you please let me know which is better?

                        Thanks & Appreciate for all your help.

                        Comment


                        • #13
                          Dear Kabkaba,

                          Can you please suggest me for the below questions? Thanks & Appreciate for all your help till now.

                          Comment


                          • #14
                            Is H4 transfer required before I file for COS to F1

                            I have a query , my husband has recently changed his job , and his H1 has now got transferred . Now I have got admission in college and I plan to apply for COS to F1 .I want to know that should I apply for H4 transfer first , or can apply for COS to F1 directly .Please let me know about the same .Note :- My H4 is valid till more 8 months , and my husband Visa is valid for another 1 and half year.

                            Comment

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