Urgent: H1 to H1/ H1 to H4

S

shal_5

New Member
Hi there - This is pretty urgent and I will appreciate if someone can help....My friends wife is on H1 and her contract ends on June 3rd. Her husband is on his own H1B Visa..Just to be on the safer side and in status, husband is planning to apply for her H4 visa through his company before June 3rd. She has also received offers from other companies but it looks like they might not file her H1B tranfer (H1 to H1) before the June 3rd date.

1) What if her husband's company files the H1 to H4 transfer petition before June 3rd and if her new employer files for her H1 to H1 transfer after June 3rd date?
2) Does the new employer need to know that she has filed H1 to H4 transfer?
3) Once the new employer files her H1 to H1 transfer (say on June 10th), can she withdraw our H1 to H4 transfer petition?
4) Can they have both the H1 to H4 petition and H1 to H1 transfer petitions filed simultaneously (without cancelling one of those?)
5) What if she needs to file for a new H1, one month after filing her H4 (or) upon her receipt of her H4 approval. Should she be subject to 65k - H1B cap? She has been on her own H1 for 2 years now, without going out of USA. She also has her Masters Degree from USA..

Thanks and Looking forward to your replies eagerly....Thank you in advance!
 
shal_5 said:
Hi there - This is pretty urgent and I will appreciate if someone can help....My friends wife is on H1 and her contract ends on June 3rd. Her husband is on his own H1B Visa..Just to be on the safer side and in status, husband is planning to apply for her H4 visa through his company before June 3rd. She has also received offers from other companies but it looks like they might not file her H1B tranfer (H1 to H1) before the June 3rd date.

1) What if her husband's company files the H1 to H4 transfer petition before June 3rd and if her new employer files for her H1 to H1 transfer after June 3rd date?
Nothing happen. But before filing H1 the pending H4 ref must be given along with H1 transfer application.

2) Does the new employer need to know that she has filed H1 to H4 transfer?

Definitely their attorney must know all about

3) Once the new employer files her H1 to H1 transfer (say on June 10th), can she withdraw our H1 to H4 transfer petition?

If both petions are pending, INS ask you to withdraw H4 before approving H1


4) Can they have both the H1 to H4 petition and H1 to H1 transfer petitions filed simultaneously (without cancelling one of those?)

You can, because uncertinity in approval. and you do not want ot loose the status

5) What if she needs to file for a new H1, one month after filing her H4 (or) upon her receipt of her H4 approval. Should she be subject to 65k - H1B cap? She has been on her own H1 for 2 years now, without going out of USA. She also has her Masters Degree from USA..

Her H1 duration is 6 years but she utilized only 2 yrs. She will not come under quota since she is continue to stay in US and trasfering H4 to H1.
Thanks and Looking forward to your replies eagerly....Thank you in advance!
Click to expand...
 
similar situation, more questions

Great Guru,
I had the same situation and I have both the H1 to H4 petition and H1 to H1 transfer petitions filed simultaneously (without cancelling one of those). I just found my H4 case was approved, but I can't get any info about my H1 transfer status online. What would happen then? Would my H4 status jepodize my H1 transfer case(since i'm not in h1 to h1 status now)? Would INS cancel my H1 transfer case?
Since my attorney didn't send my H4 ref along with my H1 transfer, if INS sends out RFE, and I show my H4 petition, what would happen?
Thanks for your reply
 
whtangjun said:
Great Guru,
I had the same situation and I have both the H1 to H4 petition and H1 to H1 transfer petitions filed simultaneously (without cancelling one of those). I just found my H4 case was approved, but I can't get any info about my H1 transfer status online. What would happen then? Would my H4 status jepodize my H1 transfer case(since i'm not in h1 to h1 status now)? Would INS cancel my H1 transfer case?

HERE ATTORNEY OFFICE ALWAYS MAKE MISTAKES, WE MUST CAREFUL ABOUT THAT.
NOW YOU HAVE TO ASK YOUR ATTORNEY TO SEND THE H4 APPROVAL REFERENCE IMMEDIATELY BEFORE H1 REJECTION. OTHER WISE YOU HAVE TO REAPPLY TRANSFER FROM H4 TO H1 AGAIN.
IF ATTORNEY WOULD HAVE SEND THE H4 REFERENCE WHILE APPLYING H1 TO H1, INS DEFINITELY CALL THE ATTORNEY - TO WITHDRAW THE H4. THIS WAS MY PERSONAL EXPERIENCE FROM INS AND ATTORNEYS.
Since my attorney didn't send my H4 ref along with my H1 transfer, if INS sends out RFE, and I show my H4 petition, what would happen?
Thanks for your reply
Click to expand...
 
Another one..

Thanks for your help great guru. My friend got her H1 to H1 petition filed on June 3rd and also the H1 to H4 petition on same day. Even before she could inform her lawyer to ref H4 they sent her an email that the H1 to H1 petition is filed. Her husbands lawyer says the H1 to H4 peition can now be cancelled and there shouldnt be any issues. Is there anything else she needs to be concerned about or it shouldnt be a problem?
 
Need help with H1 transfer

Hi Great Guru

I have a quick question for you , I have an H1 petition from a company "A" that is effective from 1st of October 2005 and in the meantime say I receive a better offer from a company "B" , can i do an H1 transfer without the pay stubs since I have stil not started working for the Company "A"

Can you please help , Thanks in advance
 
Hi Great Guru,

In my case, my wife was on H1, filing for change of status to H4.
We had to chnage her status to H4 as we had a baby and she needed to take break for 5 months.
We already have her H4 approval, now may be in next 25 days time, we have to file her H1.
Is the process from H4 to h1 sipler this time as she earlier had H1.
Does she come uner h1-B cap ?
Can she start working immediately with EAC,as she has her old SSN number ?
Or we have to wait for approval notice to start working ?

Please let me know.

thanks,

Prashant
 
shal_5 said:
Thanks for your help great guru. My friend got her H1 to H1 petition filed on June 3rd and also the H1 to H4 petition on same day. Even before she could inform her lawyer to ref H4 they sent her an email that the H1 to H1 petition is filed. Her husbands lawyer says the H1 to H4 peition can now be cancelled and there shouldnt be any issues. Is there anything else she needs to be concerned about or it shouldnt be a problem?
Click to expand...

If h1 to h1 is rejected , do you have any back up plan.
 
franticsky said:
Hi Great Guru

I have a quick question for you , I have an H1 petition from a company "A" that is effective from 1st of October 2005 and in the meantime say I receive a better offer from a company "B" , can i do an H1 transfer without the pay stubs since I have stil not started working for the Company "A"

Can you please help , Thanks in advance
Click to expand...
Are you already in US with valid I 94? If ans yes you can transfer.
 
prash_mate said:
Hi Great Guru,

In my case, my wife was on H1, filing for change of status to H4.
We had to chnage her status to H4 as we had a baby and she needed to take break for 5 months.
We already have her H4 approval, now may be in next 25 days time, we have to file her H1.
Is the process from H4 to h1 sipler this time as she earlier had H1.
Does she come uner h1-B cap ?
Can she start working immediately with EAC,as she has her old SSN number ?
Or we have to wait for approval notice to start working ?

Please let me know.

thanks,

Prashant
Click to expand...

She will not come under Quota, but she has to wait until her H1 approved before start working.
In this case she is H4 (present) until her h1 got approved. With H4 she can not work. This rule valid only for H1 to H1 transfer, with EAC one can start working for sponsering company before H1 transfer approval.
 
great guru said:
She will not come under Quota, but she has to wait until her H1 approved before start working.
In this case she is H4 (present) until her h1 got approved. With H4 she can not work. This rule valid only for H1 to H1 transfer, with EAC one can start working for sponsering company before H1 transfer approval.
Click to expand...



Thankyou very much, so only option is to get her H1 filed under premium processing. So that we will get her H1 in 15 days.

thankyou
 
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