Filed for H1 transfer, forgot to file H4 transfer

[gkb]

Hi,
I worked for company A. my wife got her H4 visa thru this company and enter into U.S. I got laidofffrom company A and filed H1 transfer from Company B. I just got the Receipt number, I did not(forgot)to send my wife's Passport copies ( did not file for her H4 transfer). Now my wife got one offer, and her attorney asking my recent pay checks( to transfer her h4 visa to H1). I can get my pay check from new company, but her passport stamping is on old company, also I did not transfer her H4 to new company. How complicated is this? Is there any solution? Any help/suggestions will be appreciated.

Thanks,
GK

 

[jaxen]

You can still file her h4

with your company now and produce Old h4 visa and Evidence of filing h4.
Although some file the new h4 after h1 approval, in her case she needs to maintain status , so that her h4 to h1 is smooth and is not rife with problems later (especially at the time of stamping of h1), even her h1 might generate a RFE.
So file for her h4 based on your h1 ASAP and then a week later file for her h4 to h1. You can tell her employer about this complication and request a week or so to produce evidence of h4.