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Apply new H4 or not

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  • Apply new H4 or not

    I am on H1 visa working with Company A.
    recently got another job with company B and they are doing premium processing of my h1 transfer.

    My Wife is on H4 and company A filed for it and is valid till Oct 2013.

    My wife applied H1 visa on Nov 2011 and its now in pending status.

    Should company B file for her H4 Visa ?

    If i join Company B after H1 transfer by company B and if her H1 visa is still pending/RFE , will she become out of status ?

  • #2
    Originally posted by iwantgreencar View Post
    I am on H1 visa working with Company A.
    recently got another job with company B and they are doing premium processing of my h1 transfer.

    My Wife is on H4 and company A filed for it and is valid till Oct 2013.

    My wife applied H1 visa on Nov 2011 and its now in pending status.

    Should company B file for her H4 Visa ?

    No

    If i join Company B after H1 transfer by company B and if her H1 visa is still pending/RFE , will she become out of status ?

    No, both the facts that her I-94 is valid and change of status to H1 is pending independently make her legal to stay.
    See above.
    This is my opinion and not legal advice.

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