Will H4 Transfer effect H1?

[ravig12345]

Hello Sir,

 

I hope you can answer to my question.

 

I applied my H1 with one of the US based consultant (Company A) when i was in India (Apr 1st 2014), later I got married and came to US on H4 in June month.

 In July my employer applied amendment for H4 to H1 conversion with the existing petition. My H1 got approved in late September but my i94 dint come along with the H1 approval documents which means my change of status from H4 to H1 has not been approved.

 

In Oct 10th, my Husband changed his employer (his H1 Transfer company B to Company C) and he applied my VISA transfer (H4 company B to H4 company C) and this is currently in process (Received WAC no, status is Initial Review).

 

Can you please help me to find the answers to below questions?

 

1. As my change of status (H4 to H1) is Not done with Company A, can i goto INDIA for stamping on H1 with company A. is this possible?

 

2. Will my H4 Tranfer (Company B to Company C) will effect my H1 stamping?

 

Thank you!!!

[jairichi]

There is no need for your husband to file your H4 transfer as it is not tied to any employer.

1. Yes, you are fine.

2. No.

[ravig12345]

Thank you for reply. 

 

One last question is, If H1 stamping reject, can i come to USA on H4 and then apply Change of status (H4 to H1)? will this be in CAP exempt?

[jairichi]

Thank you for reply. 

 

One last question is, If H1 stamping reject, can i come to USA on H4 and then apply Change of status (H4 to H1)? will this be in CAP exempt?

Yes, you can. Employer can file COS to H1B and you are cap exempt.

[JoeF]

You wouldn't apply for a COS.

An employer would have to file a normal H1 petition, with all the fees paid by the employer, of course, and indicating COS on the I-129.