H1 and H4 extension issue

A

ashish99

Registered Users (C)
I am working for Company A since 3 years now. My H1-B visa expired on Nov 13, 2003 and they filed for my extension only on Nov 3, 2003. I have the application receipt. The lawyer didn't file H4 for my wife (reason:lawyer forgot to file). Her H4 visa expired on Nov 13, 2003. Now, Company A is ready to file my wifes H4 after a month of the H4 visa already being expired.

I have decided to leave Company A and join Company B. Company B lawyer is telling me that getting H1-B approved
should not be an issue, as I have the application receipt, but chances of H4 getting approved is 85%. I do not intend to continue with Company A because of their mistake and resign immediately. My relationship with Company A has soured over the past year.

1) Did anyone come across such a situation like this one?
2) Will there be any problems if I leave Company A today and join Company B tomorrow?
3) Is there any chance of my wifes H4 visa being rejected by BCIS since her visa has expired for more than a month now?
4) How many days would it take for H1 and H4 visa to get approved, if I go with Premium processing?
5) When can I start working for Company B?
6) Can I take any action against Company A for not filing my wifes H4 visa on time?

Any advice would be appreciated.
 
These are generic questions, To get an answer file your question in a forum that is active (i.e, people visiting it daily) and has a commonality with your questions.

To answer your questions:
Only thing you have to take care is the H4 situation. I suggest that you make company A file for H4, get a receipt and then join company B.
You can join company B anytime (not considering the H4 situation)
One month expiry should not be a factor since the underlying H1 was all the time in status.

No, the responsibility for not filing for H4 is entirely yours. You are supposed to know your rights and the procedures to protect your rights. Since you or your spouse did not have a direct lawyer-client relationship with the lawyer you cannot take any action.

Next time, be aware of all the procedures involving immigration.
 
H4 issue

I filed H1(premium processing) and H4(regular) from Company B and H1 got approved. My lawyer(Company B) filed for H1 and H4 on 23 Dec and I got the H1 receipt notice on 24 December and today(Dec 31), it(H1) got approved. I just checked this online. I havent received the receipt notice for H4 yet. I am still working for Company A tho. My wifes H4 visa expired on 13 Nov, 03 and Company A has just filed for H4 last week(not sure).

1) When can I expect to get the receipt notice for H4 from Company B?
2) How much time does it take to get the H4 approved, once H1 gets approved(Company B)?
3) Can I leave Company A, since I have my H1 approved?
 
It is better to file the h4 also along with the H1 transfer for company B. So Just wait for H4 receipt (should be in weeks) and then file H1 and H4.
But if you think you will be losing an opportunity there is no harm in doing the H1 transfer now and correcting the h4 situation later...
 
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