Applying for H4-H1 in COS when H4 in pending

R

ramachandra999

New Member
Please let me know your valid suggestions for the problem below

1) Came Initially on L1, 2 years back

2) My wife came 1.5 years back on L2 visa

3) I moved to H1 in Nov 2006 from L1 to h1 using cos

4)My wife's transfer from L2-H4 was rejected in Sep2006 as my h1 employer filed her I539 with wrong husband name

5) My employer applied the petition again with correct name,and the case is in pending state

6) He again filed "MOTIC, MOTION TO REOPEN BEFORE THE COMMISSIONER" in january .case is still in pending state

7) I moved from H1 employer to another employer.New Company applied only for my H1 transfer and now working for that company

8) Now my wife wants to apply for her H1 and when she contacted employers they are saying she can not apply for H1 until the status issue is resolved.
I don't have an idea when MOTIC, MOTION TO REOPEN BEFORE THE COMMISSIONER issue will be resolved.
In this situation is it ok to apply for H1 or should wait for next year

Any idea to apply for her H1, is highly appreciated

Thanks,
Ram
 
Hello,

Is her H4 got expired? I mean what is the date on latest I797 or I-94. If it is exipred, the above information might be true.

Otherwise, my wife is on H4 and we are planning to apply for H1 in April.
 
You can apply your H1 by giving your spouse L2 and H4 pending petition references.


ramachandra999 said:
Please let me know your valid suggestions for the problem below

1) Came Initially on L1, 2 years back

2) My wife came 1.5 years back on L2 visa

3) I moved to H1 in Nov 2006 from L1 to h1 using cos

4)My wife's transfer from L2-H4 was rejected in Sep2006 as my h1 employer filed her I539 with wrong husband name

5) My employer applied the petition again with correct name,and the case is in pending state

6) He again filed "MOTIC, MOTION TO REOPEN BEFORE THE COMMISSIONER" in january .case is still in pending state

7) I moved from H1 employer to another employer.New Company applied only for my H1 transfer and now working for that company

8) Now my wife wants to apply for her H1 and when she contacted employers they are saying she can not apply for H1 until the status issue is resolved.
I don't have an idea when MOTIC, MOTION TO REOPEN BEFORE THE COMMISSIONER issue will be resolved.
In this situation is it ok to apply for H1 or should wait for next year

Any idea to apply for her H1, is highly appreciated

Thanks,
Ram
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