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nana135

Is it okay to transfer H1 while H4 is pending with USCIS

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Hello,

 

I moved to H1 from L1 on Oct 1. I applied for my dependent's H4 separately whose status is pending with USCIS and I am waiting for I-797. In the meanwhile I got a job offer and the new employer wants me on board ASAP and wish to file H1 transfer in premium but because my dependent's H4 is still pending so only individual H1 petition for me can be filed at the moment . 

 

Is it okay to to file individual H1 transfer now and file H4 petition for dependent later immediately after receiving H4 approval?

 

I filed H4 petition in Oct begining and expecting H4 approval in Dec end. and my new employer is about to file for my individual H1 transfer which will take max 15 days. Kindly suggest if it's okay to go ahead like this.

 

Thanks !!

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Yes, new employer can file your H1B. Once you get the approval send USCIS a copy of that I797 to add to your spouse's pending COS to H4 petition.

 

And, you are having high hopes of expecting a COS approval in 2 months time. Currently it is taking 4 months plus.

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