H1 -> H4 and H1 amendment

[onion]

Hi all,

My situation is like this:

1. my wife and I are both on H1-B now;
2. My wife's will quit work, this Friday is her last day;
3. my company will file an H1-B amendment for me in the next couple weeks for a promotion
4. we submitted 140/485 last month but don't have any receipt yet.

Now my question is:

1. should I file an H4 before this Friday for her? I suppose so.
2. When my company file my H1-B amendment, should they apply another H4 application for my wife in the same package?
3. What will happen if we have two pending H4 applications?
4. Can we withdraw the first pending H4 application?

The company lawyer will handle my H1-B amendment stuff, but they are hard to reach for any questions like this.

thank you very much,

 

[ginnu]

Hi all,

My situation is like this:

1. my wife and I are both on H1-B now;
2. My wife's will quit work, this Friday is her last day;
3. my company will file an H1-B amendment for me in the next couple weeks for a promotion
4. we submitted 140/485 last month but don't have any receipt yet.
   
   ------------------------------ do you mean BOTH submited I-140 and I-485? what do you mean by "WE"? who filed I-140? I-140 is filed by Employer is is filed for YOu or Wife?

Now my question is:

1. should I file an H4 before this Friday for her? I suppose so.
   
   ---if she is on H1 then she needs to file H1 to H4 Change of status with form I-539
2. When my company file my H1-B amendment, should they apply another H4 application for my wife in the same package?
   ---------------------they can
3. What will happen if we have two pending H4 applications?
   ------------------why to send two H1 to H4 COS?
4. Can we withdraw the first pending H4 application?
   ---------------why? let the first H1 to H4 CoS get approved

The company lawyer will handle my H1-B amendment stuff, but they are hard to reach for any questions like this.

thank you very much,

-----------------

 

[onion]

Ginnu,

Thank for the quick reply.

My employer filed 140 for me, 485 for both me and my wife.

The reason I want to file two H1 -> H4 COS is that:
My H1-B amendment is not prepared yet, it is gonna take the lawyer some time to get it ready. My wife's H1 status is gonna expire this Friday. So I am planning to file one H1->H4 COS now based on my current H1-B. Then when the lawyer is ready to file H1-B amendment, he will include another H1->H4 COS request.

The first COS will cover my wife's status from this Saturday to whenever my H1 amendment is filed. The second one will be the real one we are gonna use.

Is there any pitfalls or better approach for this scenario?

Thanks again.

 

[ginnu]

Ginnu,

Thank for the quick reply.

My employer filed 140 for me,
--then why you write "WE" filed I-140 and I-485? you should write I filed my I-140 and I-485 and my wife filed her Derivative I-485
485 for both me and my wife.

The reason I want to file two H1 -> H4 COS is that:
My H1-B amendment is not prepared yet, it is gonna take the lawyer some time to get it ready.
My wife's H1 status is gonna expire this Friday.
--------------Make sure that her H1 to H4COS reach USCIS BEFORE her I-94 gets expired.
So I am planning to file one H1->H4 COS now based on my current H1-B.
--------------------file ASAP her COS Mustreach USCIS BEFORE her I-94 gets expired.

Then when the lawyer is ready to file H1-B amendment, he will include another H1->H4 COS request.
---------------why?
The first COS will cover my wife's status from this Saturday to whenever my H1 amendment is filed.
The second one will be the real one we are gonna use.
------------- do you mean the earler filed COS is not "real one" ?

Is there any pitfalls or better approach for this scenario?

Thanks again.

------------------- her COS must reach USCIS Before her I-94 gets expired Or if she wants to be on H1 then let her employer file H1 ext Before her I-94 gets expired. for more info talk to your lawyer