H1B Transfer and H4 visa - questions


Krish_US

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Posted

Hi, 

In 2018, H1B visa was approved for my wife. She started working for the new employer on H1B transfer receipt couple of months back and she got the RFE.  Her employer had applied H1B transfer in premium processing and currently she is working on sending the requested documents.

 My wife is pregnant and Her employer told she will not be eligible for temporary disabilities. so, we are planning to apply for H4 visa next month.

Questions:

1) If H1B transfer is approved, is there any rule that says to stay on H1B for some days/months before moving to H4 status?

2) Do we need to wait to have 2 to 3 pay stubs generated before applying for H4 visa? 

3) What documents are needed from current employer so that when she can come back to H1B with same or different employer in future?

4) Once moved to H4 visa, can the employer revoke the H1B ? Could you please tell whether she will be cap exempt? Her GC is not yet started.

Thank you for your response.

-Krish

Posted
On 6/8/2019 at 6:44 PM, Krish_US said:

Hi, 

In 2018, H1B visa was approved for my wife. She started working for the new employer on H1B transfer receipt couple of months back and she got the RFE.  Her employer had applied H1B transfer in premium processing and currently she is working on sending the requested documents.

 My wife is pregnant and Her employer told she will not be eligible for temporary disabilities. so, we are planning to apply for H4 visa next month.

Questions:

1) If H1B transfer is approved, is there any rule that says to stay on H1B for some days/months before moving to H4 status?

2) Do we need to wait to have 2 to 3 pay stubs generated before applying for H4 visa? 

3) What documents are needed from current employer so that when she can come back to H1B with same or different employer in future?

4) Once moved to H4 visa, can the employer revoke the H1B ? Could you please tell whether she will be cap exempt? Her GC is not yet started.

Thank you for your response.

-Krish

1. No rule.

2. No.

3. New employer will let you know.

4. Yes he shud revoke. She will be cap exempt.

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