H1 Transfer Issue

[nikhilr]

Hi,
The details about my case are as follows --
1 - I have a H1 and my wife has a H4. These are both sponsored by my current employer.
2 - My wife had applied for her H1 and has recieved the approval notice from INS, but we have received the petition papers yet. The attorney says that she is currently under the 'Change of Status'.
3 - I have to apply for a H1 transfer to a new employer as soon as possible.

The queries go as follows --
1 - Should I be applying for her H4 transfer along with my H1 transfer OR
2 - Is the H4 transfer not needed as her H1 is now valid, resulting in her H4 ceasing to exist.

Any quick and correct responses to these queries will be appreciated.
Thanks.

 

[ginnu]

Hi,
The details about my case are as follows --
1 - I have a H1 and my wife has a H4. These are both sponsored by my current employer.
--H4 is NOT sponsored by your employer she got H4 becasuse she is your spouse
2 - My wife had applied for her H1 and has recieved the approval notice from INS, but we have received the petition papers yet. The attorney says that she is currently under the 'Change of Status'.

------------------- was it filed as Change of status from H4 to H1? Did she got H1 approval notice?
3 - I have to apply for a H1 transfer to a new employer as soon as possible.

The queries go as follows --
1 - Should I be applying for her H4 transfer along with my H1 transfer OR
2 - Is the H4 transfer not needed as her H1 is now valid, resulting in her H4 ceasing to exist.
----------------- till what date her I-94 is valid???? I dont know if her H1 is approved? ask the lawyer if her H1 is approved and ask for H1 approval or H1 filing reciept copy
Any quick and correct responses to these queries will be appreciated.
Thanks.

 

[nikhilr]

Hi Ginnu,
Thanks for the reply. Here are some more clarifications, based on your inputs --

1 - We have received the H1 approval notice from INS via e-mail. The status of the EAC number on the INS website shows the status as 'APPROVED'.

2 - According to the Attorney, it has been filed for 'CHANGE OF STATUS'.

3 - The I-94 (using her H4) is valid until 11/23/2006. Her H4 is valid until Feb 09.

4 - We have not received any papers from the INS validating the approval for her H1.

Now, in the present scenario, if I have to get my H1 transferred, should I try to get her H4 transferred too? Rather, if I apply for her H4 to be transferred, will it create any problems for her H1 approval or for my H1 transfer.

Thanks,
Nikhil.

 

[ginnu]

Hi Ginnu,
Thanks for the reply. Here are some more clarifications, based on your inputs --

1 - We have received the H1 approval notice from INS via e-mail. The status of the EAC number on the INS website shows the status as 'APPROVED'.
--------------------where is the H1 approval notice? if it was filed by lawyer then her employer should ask for the H1 approval and give it to her so that she can check if I-94 is attached with COS approval notice
2 - According to the Attorney, it has been filed for 'CHANGE OF STATUS'.

3 - The I-94 (using her H4) is valid until 11/23/2006.
Her H4 is valid until Feb 09.
------------if her H4 is valid till Feb2009, then why she is not having I-94 till 2009? why she has I-94 till 11/23/2006???
4 - We have not received any papers from the INS validating the approval for her H1.
----------check the approval notice when you get it
Now, in the present scenario, if I have to get my H1 transferred, should I try to get her H4 transferred too?
----------- if her H1 is approved then she is on H1 status from the start date and no need to file H4
Rather, if I apply for her H4 to be transferred, will it create any problems for her H1 approval or for my H1 transfer.
---------------If her H1 is approved then she is on H1 status and if you file her H4 extension then she again need to file H1 to H4 COS. go to her employer/lawyer
Thanks,
Nikhil.