H4 to H1 - typical situation....

[mhnlrd]

Hi All,

I'm in US with H4 status. I found employer, who has applied for my H1 last November 2011.

In the mean time, my husband transferred his H1 to another employer and has not transferred my H4 visa, as my H1b is in progress. So my H4 status is still with my husband's old employer. So when enquired, i was been said that it is legal to stay here, unless i move out of country.

In between i received a RFE from USCIS, about my husband H1b and recent pay stubs and i have replied for the query and its been nearly 6 weeks i have been waiting to hear from USCIS.

My queries are:

1) Is it legal to apply my H1b when i have my H4 status from my husband's old employer.

2) Should i really need to transfer my H4 to my husband's new employer.

I assume this questions might already been asked, appreciate if you guys provide your inputs on this.

Thanks in advance.

[pontevecchio]

1. Yes

2. No

What happened to your H1 petition?

[mhnlrd]

Thanks @Pontevecchio, i was expecting you to reply for this query, as you seem to be familiar with this kind of queries, based on replies you have provided for other queries.

In btw, as mentioned earlier in the post on the "H1 petition", waiting to hear from the USCIS.

Will see for next 3 days, if i don't hear from USCIS i am going to convert to PP.

Once again Thank You.

[mhnlrd]

Finally i got my H1 approved.

[pontevecchio]

Good for you.