Please Shed some light here !

R

Raj2010

Registered Users (C)
Hi,

My wife is on H4 visa and I am h1b visa now. Recently, we have applied for extensions for our visa respectively. Two days back, she was offered employment by a company here in US . so basically ,they will transfer her h4 to h1 visa.

I am planning to visit attorney, but before that, I thought to get some valuable advice from friends, over here.

My questions are :-

1. How much time, do u think, it will take to convert from h4 to h1 visa, considering current H1b visa quota ?

2. Once her visa is transfered to h1b, is there any problem , if she want to convert again back to h4 ?

3. We are planning to apply for GC soon. Whether we can apply together under one employer ? What happens to her status in GC processing ?

Please advice me !
 
My wife is on H4 visa and I am h1b visa now.
Recently, we have applied for extensions for our visa respectively. Two days back, she was offered employment by a company here in US . so basically ,they will transfer her h4 to h1 visa.

I am planning to visit attorney, but before that, I thought to get some valuable advice from friends, over here.

My questions are :-

1. How much time, do u think, it will take to convert from h4 to h1 visa, considering current H1b visa quota?
---- it depends on service center for COS they may take 4-7 months
2. Once her visa is transferred to h1b, is there any problem , if she want to convert again back to h4 ?
----- She has to file form I-539 if she wants to be on H4 again and you should be on H1 at that time because her H4 depends on your H1 status
3. We are planning to apply for GC soon. Whether we can apply together under one employer? What happens to her status in GC processing?

--- If your LC is approved then your employer files I-140 for you and YOU file your I-485, EAD AP and your spouse file her derivative I-485, EAD, AP.


if her LC gets first then you file derivative I-485 with her I-485
*** if you both are working for same employer on H1 then employer needs to file LC for her and diffrent LC for you
 
Thanks ginnu, for the advice !

Few more questions :-

1. What will be her visa status ,when she gets the receipt of h1b visa filing ?

2. whether she can work once , her h1b visa is filed ?

3. While applying for GC, can I give her name as spouse , even if she is working under different employer ?

Please advice !
 
1. What will be her visa status, when she gets the receipt of h1b visa filing ?
--- COS pending
2. Whether she can work once, her h1b visa is filed ?
----- She should wait for H1 approval notice from USCIS because just filing COS does not mean that she has been granted H1 status some idiot may also deny who knows? It is USCIS and nobody can predict
3. While applying for GC, can I give her name as spouse, even if she is working under different employer?
----- Sure

*** for more info go to your lawyer who filed COS or filing COS and handle your immigration or H1 stuf
 
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