nana135 Posted December 19, 2015 Report Share Posted December 19, 2015 Hello, I moved from L-1 B visa to H-1 B on Oct 1, 2015. My employer delayed filing H-4 for my dependents and receipt notice shows Oct-5, 2015 as received date for H-4 petition. As it caused a gap and my family went out of status for 5 days. Now I got a new job in November 2015 and new employer filed my H-1 B alone in premium and did not file H-4 for my family because of the 5 days gap. He is insisting that my family must travel out of USA ASAP and get H-4 stamped and he recommends me not to wait for H-4 approval which was filed on Oct-5 which is still pending with USCIS. I came to know from a friend that new employer has messed up my case , He should have filed my H-1 B in premium along with family's H-4 and attached affidavit to justify 5 days gap. Now I have received H-1 B approval for new employer and my family's H-4 is still pending with USCIS which belong to my first employer's H-1 B. I want to avoid travel to India. Kindly suggest some way out. Thanks !! Link to comment
jairichi Posted December 20, 2015 Report Share Posted December 20, 2015 It is not binding on an employer to file H4 for dependents. Since it was filed within 5 days of you moving to H1B status they might be fine. If not, the only option they have is to exit and enter with a valid H4 visa and copy of your I797. Link to comment
bobvisa Posted December 21, 2015 Report Share Posted December 21, 2015 Easiest and fastest way is to send your spouse for stamping as COS is taking long time to get approval. Link to comment
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