Very urgent..H4 to H1 COS and Spouse changing employer

[jasmine1986]

Hi,

I am currently on H4 which is valid till July 2012(I94 also valid till July 2012).Applied for H4 to H1 COS under regular processing in May 2011.Got RFE to send the spouse payslips and we responded . Now the H1 status is showing as RFE response review.

My husband got an offer from another employer and next week this new employer is going to file his H1 and my H4 transfer under Premium Processing. Now I have the following questions

1) Suppose if my H4 transfer is approved while my H1 is pending,Does that impact the COS ?

2) Does my oId H4 petition and I94(valid till Jul 2012) which was sent for processing my H1 become invalid as the new employer is going to transfer the visa ?

3) Is there any use if I upgrade from regular to PP at this point of time?

4) Suppose if my H1 is approved without COS , Can I apply for COS without travelling back to India for stamping?

Need advice.Very urgent.

Thanks,

Jasmine

[pontevecchio]

"I am currently on H4 which is valid till July 2012(I94 also valid till July 2012"

hence you will be in status as long as your spouse is in H1 status. Tell your spouses employer not to file your H4 extension. If the H1 is not approved extend your H4 before July.

[jasmine1986]

@pontevecchio Thanks for the reply.But I have some doubts.

My current H4 is from my husband's old employer.He is saying that he would cancel his H1 and my H4 once his H1 transfer is approved.That's why my husband is also filing for H4 transfer.As the old employer is going to cancel the H4 petition.Does that impact the COS?Also I want to know how to notify USCIS after our visa transfer is approved?

[pontevecchio]

Your H4 status was bestowed by Uncle Sam and the idi*t ex employer has no standing at all. I repeat only Uncle SAM can revoke your H4 status. Your spouse should seriously bone up on matters vis a vis H1/H4 to avoid being exploited. Discuss specific issues with a Lawyer working for you and not any company.