Transfer H1 using AC21 while wife on H4(applied for H1)

G

guest1978

Registered Users (C)
Here is my situation:

My priority date EB3, 07/2003 GC all stages file by company A.

Used AC21 to move to Company B in Jan 2005.
Got married Nov 2005. Wife currently on H4 but has applied for a new H1(pending with RFE).

I have another job offer which I want to take(Company B would transfer my H1, and use AC21 again). My question is since my wife's H1 is pending while she is on H4. What would happen to her status when I switch companies on H1 status?
 
guest1978 said:
Here is my situation:

My priority date EB3, 07/2003 GC all stages file by company A.

Used AC21 to move to Company B in Jan 2005.
Got married Nov 2005. Wife currently on H4 but has applied for a new H1(pending with RFE).

I have another job offer which I want to take(Company B would transfer my H1, and use AC21 again). My question is since my wife's H1 is pending while she is on H4. What would happen to her status when I switch companies on H1 status?
Click to expand...

Her I-485 is not filed or not filed? what is the expiry date of her H4 status I-94???
 
485 + I-94

Her 485 has not been filed. I am waiting for my date to become current(EB3, 07/2003), so then I am planning to hire a lawyer and file her 485

Her I-94 validity is the same as mine Feb 2007.

ginnu said:
Her I-485 is not filed or not filed? what is the expiry date of her H4 status I-94???
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Ginnu, please reply

Ginnu,
please reply!
Thanks..

guest1978 said:
Her 485 has not been filed. I am waiting for my date to become current(EB3, 07/2003), so then I am planning to hire a lawyer and file her 485

Her I-94 validity is the same as mine Feb 2007.
Click to expand...
 
guest1978 said:
Her 485 has not been filed. I am waiting for my date to become current(EB3, 07/2003), so then I am planning to hire a lawyer and file her 485

Her I-94 validity is the same as mine Feb 2007.
Click to expand...
----------- you need to maintain H1 status so that your spouse can remain on H4 status. file her H4 extension before her I-94 gets expired. you can file her H4 extension with form I-539 when you file your H1 transfer so that she gets H4 approvad till your H1 transfer/extension approval notice

** you also wrote that her H1 is filed, you did NOT provide info if her H1 was filed as Change of status from H4 to H1?? or New H1.
If her H1 filed as Change of status from H4 then she will not be on H4 but will be on H1 from the start date of H1 approval notice.( I have seen in past many spouse file H4 to H1 and then they dont get job or paystubs and go out of status, go for her H1 only if she will have job and will get paid,)
 
h4 to h1

Ginnu,

She currently holds a h4, so it is h4 to h1 transfer. The h1 has not been approved yet.

So knowing this, when I file my h1 transfer, do I need to file some paperwork for her as well?

Thanks!


ginnu said:
----------- you need to maintain H1 status so that your spouse can remain on H4 status. file her H4 extension before her I-94 gets expired. you can file her H4 extension with form I-539 when you file your H1 transfer so that she gets H4 approvad till your H1 transfer/extension approval notice

** you also wrote that her H1 is filed, you did NOT provide info if her H1 was filed as Change of status from H4 to H1?? or New H1.
If her H1 filed as Change of status from H4 then she will not be on H4 but will be on H1 from the start date of H1 approval notice.( I have seen in past many spouse file H4 to H1 and then they dont get job or paystubs and go out of status, go for her H1 only if she will have job and will get paid,)
Click to expand...
 
guest1978 said:
Ginnu,

She currently holds a h4, so it is h4 to h1 transfer. The h1 has not been approved yet.
------------- if she is on H4 then talk to her lawyer if lawyer filed H4 to H1 Chane of status. If her COS is filed and the date her H1 is approved she may get I-94 attached with her I-94 approval notice and after H1 approval she will be no more on H4 status she need to work on H1 and get paid, no BENCH/Table allowed and should maintain her H1 status. make sure her if her employer be able to pay her after H1 approval and if he has the job for her.

So knowing this, when I file my h1 transfer, do I need to file some paperwork for her as well?
----------- no as her H4 to H1 COS is filed if her H1 is approved she will be on H1 if it gets rejected and her I-94 based on H4 expires then it may be problem for her . if she feels that she should remain on H4 then you can file her H4 with form I-539. take advice from the lawyer who is going to file your H1 transfer, discuss her present situation
Thanks!
Click to expand...
 
ginnu, please reply..

Ginnu, please give your thoughts on this:
Two Scenarios:

1.If her H1 gets rejeceted by Dec 2006, then she would be back on H4 status by default. Her I-94(h4) expires in Feb 2007. Can I file for her H4(I-539) then in Jan 2007? We'll have to apply for her I-94 revalidation under H4 status also. This is just an example, I wanted to understand my options.

2. If her H1 gets approved, then it should be smooth sailing, right? We'll have to apply for revalidation of her I-94 under a different status(h1) of course.



>>
So knowing this, when I file my h1 transfer, do I need to file some paperwork for her as well?
----------- no as her H4 to H1 COS is filed if her H1 is approved she will be on H1 if it gets rejected and her I-94 based on H4 expires then it may be problem for her . if she feels that she should remain on H4 then you can file her H4 with form I-539. take advice from the lawyer who is going to file your H1 transfer, discuss her present situation
Thanks!
 
guest1978 said:
Ginnu, please give your thoughts on this:
Two Scenarios:

1.If her H1 gets rejeceted by Dec 2006, then she would be back on H4 status by default. Her I-94(h4) expires in Feb 2007.
Can I file for her H4(I-539) then in Jan 2007?
-------------------------YES, and H4 Extension approval will have I-94 ATTACHED she can stay in US on H4
We'll have to apply for her I-94 revalidation under H4 status also. This is just an example, I wanted to understand my options.

2. If her H1 gets approved, then it should be smooth sailing, right? We'll have to apply for revalidation of her I-94 under a different status(h1) of course.
--------------she will get I-94 ATTACHED with H1 approval notice and can start working and no need to get visa stamp. next time she goes out then she will need H1 visa stamp to enter on H1 status
Click to expand...
 
last piece to this..

Ginnu,

The last piece to this puzzle. My H1 petition was amended to extend it till Feb 2009, instead of Feb 2006 but I didn't get this amended I-797 in time to be able to use this at time of entry(I-94).

When I transfer my H1 I would be using the new amended 797, right?(even though my I-94 reflects the unamended date). How long should I wait before filing the AC21/G28 letters?

Thanks a lot..




ginnu said:
guest1978 said:
Ginnu, please give your thoughts on this:
Two Scenarios:

1.If her H1 gets rejeceted by Dec 2006, then she would be back on H4 status by default. Her I-94(h4) expires in Feb 2007.
Can I file for her H4(I-539) then in Jan 2007?
-------------------------YES, and H4 Extension approval will have I-94 ATTACHED she can stay in US on H4
We'll have to apply for her I-94 revalidation under H4 status also. This is just an example, I wanted to understand my options.

2. If her H1 gets approved, then it should be smooth sailing, right? We'll have to apply for revalidation of her I-94 under a different status(h1) of course.
--------------she will get I-94 ATTACHED with H1 approval notice and can start working and no need to get visa stamp. next time she goes out then she will need H1 visa stamp to enter on H1 status
Click to expand...
Click to expand...
 
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