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yrejo

Transferring child's H4 from my H1B to Wife's H1B

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I am currently on H1B (Full time with a reputed P&C Insurance corporation) with my wife on H4 EAD and son on H4. My wife was cap counted in H1B earlier. My GC application was filed in EB-2 with a priority date in Feb 2013.

I have landed a new job in India at a Senior Management position (I have a total industry experience of 18 years) which will provide the opportunity to come back to the US in a similar portfolio after 1 year on L1A and apply for EB1-C subsequently.

My wife's employer (Full time with a huge healthcare provider in the US) has agreed to do the change of status to H1B in Premium Processing so that she can remain in the US and continue her career. My plans are to move to India once her H1B application is approved.

So - My questions based on the above scenario are provided below:

1) Can we apply for my son's H4 under my wife's H1B immediately following her H1B approval even though at the time he will have an approved H4 under my H1B application?

2) If so, once we receive the H4 receipt (now the approval takes around 4-5 months), can I safely accept the position abroad and move out to India and will my son be able to maintain his status while waiting for his H4 approval under my wife's H1B?

Would like to hear from anyone who's familiar with the situation before I can ask our lawyer.

Thank you!

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On 3/2/2020 at 8:32 AM, yrejo said:

I am currently on H1B (Full time with a reputed P&C Insurance corporation) with my wife on H4 EAD and son on H4. My wife was cap counted in H1B earlier. My GC application was filed in EB-2 with a priority date in Feb 2013.

I have landed a new job in India at a Senior Management position (I have a total industry experience of 18 years) which will provide the opportunity to come back to the US in a similar portfolio after 1 year on L1A and apply for EB1-C subsequently.

My wife's employer (Full time with a huge healthcare provider in the US) has agreed to do the change of status to H1B in Premium Processing so that she can remain in the US and continue her career. My plans are to move to India once her H1B application is approved.

So - My questions based on the above scenario are provided below:

1) Can we apply for my son's H4 under my wife's H1B immediately following her H1B approval even though at the time he will have an approved H4 under my H1B application?

2) If so, once we receive the H4 receipt (now the approval takes around 4-5 months), can I safely accept the position abroad and move out to India and will my son be able to maintain his status while waiting for his H4 approval under my wife's H1B?

Would like to hear from anyone who's familiar with the situation before I can ask our lawyer.

Thank you!

1. Yes, you can request your wife's employer to file for your child H-4 also.

2. Yes.

Your wife's company's attorney should also help you since they are a big company.

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