What happens to H4 when H1 transferred

[rahulgup]

Hi,
I am getting an H1 transferred to the new employer (say company A). I have two questions regarding this:

1. What happens to my spouse's H4? Do I also need to file for her H4 transfer explicitly through the company or will it automatically be done along with my H1 transfer?

2. A different company (say company B) is willing to sponsor an H1 for my wife, which they will be doing April 4th-5th 2006 after the quota for next year opens. My H1 transfer is being filed right now (March 30-31st 2006). Can I ask "A" to file my wife's H4 for now and then later have "B" file for her H1 after a week or so? Can there be two applications at the same time for her visa - one for H4 and another for transfer from H4 to H1?

I would appreciates any replies from you.

Thanks,
-RG

 

[nkrishna]

RG,

I would suggest you file for your wife's H4. Filing for H4 means filing I-539 form. Check with your attorney who is filing your H1. I-539 can go with your petition. It should not affect her new H-1, since even though they open the window on April 1, 06 the visa quota starts from Oct only. Hope this helps.

Thanks
Naga

 

[rahulgup]

RG,

I would suggest you file for your wife's H4. Filing for H4 means filing I-539 form. Check with your attorney who is filing your H1. I-539 can go with your petition. It should not affect her new H-1, since even though they open the window on April 1, 06 the visa quota starts from Oct only. Hope this helps.

Thanks
Naga

Can there be a case where her H1 gets approved first, then later her H4 application is processed and it gets approved. In that case she would be back to H4 status?