H4 Question - Great Guru or anybody who have some experience

A

ASun

Registered Users (C)
Hello All,

I have a question regarding H4 Visa. I am currently working on H1B for an University so my H1B comes under exempt quota (expires 2009). My spouse is in Home country and will be coming next month and had got H4 stamped with my current university based H1. I am applying for new H1B under regular H1B quota this april. Do I have to apply for his H4 once I get my H1B approved under quota or Can I apply for him now itself along with my H1B petition? I am not transfering my H1B. I would be getting a new H1B.

It would be a great help if someone can shed some light on this issue.

Thanks in advance
 
You can transfer your H1 non cap to cap H1 now. Once your spouse entered in to US , she no need to change her H4 until her I 94 validity expire. You can change it while renewing her H4.


ASun said:
Hello All,

I have a question regarding H4 Visa. I am currently working on H1B for an University so my H1B comes under exempt quota (expires 2009). My spouse is in Home country and will be coming next month and had got H4 stamped with my current university based H1. I am applying for new H1B under regular H1B quota this april. Do I have to apply for his H4 once I get my H1B approved under quota or Can I apply for him now itself along with my H1B petition? I am not transfering my H1B. I would be getting a new H1B.

It would be a great help if someone can shed some light on this issue.

Thanks in advance
Click to expand...
 
Hello Great Guru,

Thanks a lot for your quick reply. I am not transfering my H1 as I cannot transfer my non-cap H1B to cap as I my H1 never was under quota.

I have one more question. I am applying for cap H1B this april and have my non-cap H1B valid till 2009 feb. And I want to move from my university once I get good projects from the current sponsoring company. So Can I transfer anytime I want after October 2007? And as I said earlier my spouse would be joining me next month with his H4 stamped with my current non-cap H1B which is valid till 2009. When I start working with my new cap H1B would my husband's H4 be invalid as he got stamped for my non-cap H1B and since I didn't apply for his H4 to include my new cap H1B?

If I get approval for new cap H1B and for some reason I decide to continue working with my current non-cap H1B do I have to notify USCIS or I just have to have atleast one payroll running and USCIS doesn't care which one is running at any point of time.

Thanks in advance
 
z
ASun said:
Hello Great Guru,

Thanks a lot for your quick reply. I am not transfering my H1 as I cannot transfer my non-cap H1B to cap as I my H1 never was under quota.

I have one more question. I am applying for cap H1B this april and have my non-cap H1B valid till 2009 feb. And I want to move from my university once I get good projects from the current sponsoring company. So Can I transfer anytime I want after October 2007? And as I said earlier my spouse would be joining me next month with his H4 stamped with my current non-cap H1B which is valid till 2009. When I start working with my new cap H1B would my husband's H4 be invalid as he got stamped for my non-cap H1B and since I didn't apply for his H4 to include my new cap H1B? For H4 it does not matter whether h1 is cap or non cap
If I get approval for new cap H1B and for some reason I decide to continue working with my current non-cap H1B do I have to notify USCIS or I just have to have atleast one payroll running and USCIS doesn't care which one is running at any point of time. After cap H1 approval, if you want to work with non cap H1 you can continue to do so without informing USCIS.

Thanks in advance
Click to expand...
 
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