New H1b while h4 is pending

[xlmicro]

Here is my friend Anitha's case:
She is currently on H4,her husband is on H1b.
Her husband changed job in april'04 and the new company has filed for h1b transfer( in April 1st week with a receipt date of 4/9/04) and also they filed for her h4 extension.The cases are still pending with VSC(regular processing).

Both Anitha's & her husbands i-94's have expired on April 15th 2004. Since their cases are still pending with VSC they have a legal status.

Here is my question:
Now My friend Anitha, has got a new job offer and the firm is willing to do a premium processing for new H1B with a start date of october 1st,2004.

Is it possible for her to change status from H4 to H1b? can her dependents change their status too?

In case her new h1b is approved(premium processing) in July'04 ,can she still maintain her legal status till Oct 1st,2004?

Any feed back is appreciated.

Thanks for your help.

-Mrs.Madhuri

[pgarg]

Yes, she can file for an H1 and she should be fine. That's what we did for my wife's H1. Her H4 extension was pending and I94 had expired at the time we filed for her H1. The H1 aproval (valid from Oct 1 2004) came long ago. However, we are still waiting for her H4 and my H1 extension.

Originally Posted by xlmicro

Here is my friend Anitha's case:
She is currently on H4,her husband is on H1b.
Her husband changed job in april'04 and the new company has filed for h1b transfer( in April 1st week with a receipt date of 4/9/04) and also they filed for her h4 extension.The cases are still pending with VSC(regular processing).

Both Anitha's & her husbands i-94's have expired on April 15th 2004. Since their cases are still pending with VSC they have a legal status.

Here is my question:
Now My friend Anitha, has got a new job offer and the firm is willing to do a premium processing for new H1B with a start date of october 1st,2004.

Is it possible for her to change status from H4 to H1b? can her dependents change their status too?

In case her new h1b is approved(premium processing) in July'04 ,can she still maintain her legal status till Oct 1st,2004?

Any feed back is appreciated.

Thanks for your help.

-Mrs.Madhuri

[xlmicro]

PGarg,
Thank you very much sir,for your reply..i have passed on the information to my friend..it's been a great help!!
One last question...now that your wife has a New H1b(start date oct 1st,she is currently is on H1b status).....why are you still waiting for her h4? Hypothetically if her h4 comes later then her newh1b is jeopardised, is it not?
I understand from the forum that "The INS ruling is as follows: the latest status(decision from INS,in your case it's your wife's h4) is what matters and nullifies the previous status".....Please pardon my ignorance...iam a bit confused...

Regards
Mrs. Madhuri

[pgarg]

I think you are right. We might not get her H4 extension. I need to check this with my lawyer. However I am waiting for my H1 extension.

Thanks

Originally Posted by xlmicro

PGarg,
Thank you very much sir,for your reply..i have passed on the information to my friend..it's been a great help!!
One last question...now that your wife has a New H1b(start date oct 1st,she is currently is on H1b status).....why are you still waiting for her h4? Hypothetically if her h4 comes later then her newh1b is jeopardised, is it not?
I understand from the forum that "The INS ruling is as follows: the latest status(decision from INS,in your case it's your wife's h4) is what matters and nullifies the previous status".....Please pardon my ignorance...iam a bit confused...

Regards
Mrs. Madhuri

[adps]

Does anyone have an idea how long it takes for a H-1 B extension and a new H-4 B application to be processed.

Thank you

[NCstate]

Hello Gurus,

I working for a company A on H1B and wife got H4. Mine and hers valid till Apr 05. Meanwhile I lost my job, but my company A did not revoke my H1.

Since I worked for an American Company, I thought of applying H1 & H4 through company B for safer side, so I filed H1 transfer & H4. But I didnot join and did not work for the company B. The H1 got approved and mywifes H4 also got approved through company B. Today I received my wifes approval Notice from INS.

Within a week time again company A asked to me join, Just I joined and continuosly working for the same company A with their H1. I DID NOT JOIN COMPNAY B at all.

Now the question is :

Since I am working for Company A and H4 approval got through the company B and NOT working for company B,

What about my wifes status ?

or Will she allow to have more than one H4,

or The new H4 approval willover ride her previous one ?

Or Again I have to apply new H4 through company A ?

I really appreciate your help Gurus !

--

[NCstate]

The same time as H1B.

It seems they are taking 4 months for transfer.....

Originally Posted by adps

Does anyone have an idea how long it takes for a H-1 B extension and a new H-4 B application to be processed.

Thank you

[gakelas]

I'm with a employer 'A' & on the same company, my H1 visa is valid till Feb' 2006.

There is a small company 'B' started in Feb' 2004. I have applied for H1 through company 'B' & planing to work from company 'B' from next month. I will be required to go to India in November 2004 for marriage.

With the new law being enforced from july 2004 i'm just wandering

1. Do i need to get my Visa stapmed with the new H1 from comapny 'B' when i go to India in Nov' 2004

2. As the company 'B' is started in this year..They willn't be able to produce any tax returns statement... what will be impact on H4 petition i apply in Nov'2004 once i get married sometime around the same time ..


Plz do help me ..