H1 transfer when my spouse's H1 to H4 application under process

[ksri.ad]

Hi All,

 

I need help in understanding how to go about the situation.

 

I filed an H1 transfer(premium processing) on Feb 4th 2014 and I did not file a H4 for my spouse along with that as my spouse was working on H1.

 

My application went into RFE and the company took 5 weeks to reply for the RFE. In between before they even replied to the RFE my spouse lost job. We immediately filed for an H4 in 1st week of March using previous employer H1 as I was still working for the previous company. The H4 application is still under process. However I joined the new company in April 2014 as my H1 got approved. 

 

How to go about filing H4 transfer for my spouse? Do we need to send as a new application referring to previous H4 application? Please advice about the same.

 

Thank you,

K Sri

[jairichi]

Hi All,

 

I need help in understanding how to go about the situation.

 

I filed an H1 transfer(premium processing) on Feb 4th 2014 and I did not file a H4 for my spouse along with that as my spouse was working on H1.

 

My application went into RFE and the company took 5 weeks to reply for the RFE. In between before they even replied to the RFE my spouse lost job. We immediately filed for an H4 in 1st week of March using previous employer H1 as I was still working for the previous company. The H4 application is still under process. However I joined the new company in April 2014 as my H1 got approved. 

 

How to go about filing H4 transfer for my spouse? Do we need to send as a new application referring to previous H4 application? Please advice about the same.

 

Thank you,

K Sri

There is no H4 transfer. Either she gets the COS from H1B to H4 approved or she exits and enters US with a H4 visa.

[ksri.ad]

Hi Jarichi,

 

Thanks for your reply. Yes I meant COS from H1 to H4 using previous employer's I-797. And when the COS is getting processed I transferred my H1 to a new company. 

 

What I am worried if the COS will get denied because I joined a new company. What should we do in such a case. Send in a mail using the COS receipt # and say that I joined a new company (I mean is there a way also do approach USCIS while the COS is under process) or file a new COS application?

 

Thank you,

K Sri

[jairichi]

Hi Jarichi,

 

Thanks for your reply. Yes I meant COS from H1 to H4 using previous employer's I-797. And when the COS is getting processed I transferred my H1 to a new company. 

 

What I am worried if the COS will get denied because I joined a new company. What should we do in such a case. Send in a mail using the COS receipt # and say that I joined a new company (I mean is there a way also do approach USCIS while the COS is under process) or file a new COS application?

 

Thank you,

K Sri

Send your new I797 copy to USCIS for your spouse's H4 to H1B COS application.