H1 to H4 while H1b transfer is pending .


rItesh089

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I am currently working on H1B visa for Employer A valid till March 2018.

I am eligible for H4 EAD as my wife has an approved I140 .I want to change to H4 EAD because I started the 6th year of my H1B.

Employer B has offered a job and wants me to join with a H1B transfer and has told me that I can convert to H4 EAD once I join .

Now that Premium processing is on hold for H1, it is likely that I will have to file a change of status from H1B to H4 while H1B transfer to Employer B  is still pending .

Can I start working for Employer B with H1 transfer reciept number and apply for COS with H4 EAD after a month ?

( I plan to wait for a month before filing COS with EAD  because I have sent my passport for renewal as Indian passport was expiring in July) .

Thanks,

Ritesh

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12 hours ago, rItesh089 said:

I am currently working on H1B visa for Employer A valid till March 2018.

I am eligible for H4 EAD as my wife has an approved I140 .I want to change to H4 EAD because I started the 6th year of my H1B.

Employer B has offered a job and wants me to join with a H1B transfer and has told me that I can convert to H4 EAD once I join .

Now that Premium processing is on hold for H1, it is likely that I will have to file a change of status from H1B to H4 while H1B transfer to Employer B  is still pending .

Can I start working for Employer B with H1 transfer reciept number and apply for COS with H4 EAD after a month ?

( I plan to wait for a month before filing COS with EAD  because I have sent my passport for renewal as Indian passport was expiring in July) .

Thanks,

Ritesh

Yes. You can work. Apply for COS after employer B H-1 transfer gets approved.

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On 4/28/2017 at 6:53 PM, rItesh089 said:

What will happen if I apply for COS while my H1B transfer is pending?

H1 transfer takes time now since premium service is suspended . I dont want to wait that long .

You need to consult immigration attorney to be 100% sure. It is a tricky situation.

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