B2 to H4 to H1B visa transfer

[anu_82]

Hello Experts,

My wife came to visit me on B1/B2 visa in Oct 2012.In the meanwhile her H1B Petition got approved on 29th Dec 2012.So, now i do not want her to go back so thinking of filing for change of status (COS) 45days before her B2 I-94 expires to H4.

Now, my question is -As her H1B petition is approved, what if, she gets any opportunity like for example in 1/2 months and some employer wants to hire her in USA? Will she still be able to use her H1B visa? or will it get VOID automatically the moment i file for her change of status from B2 to H4?

I believe,there is a possibility of this situation, so what shoud be our move ? or what are you expert opinion on this scenerio?

Awaiting response.

Thanks,

Anu_82

[Attorney_11]

An H-1B visa petition is employer and job specific. One cannot utilize an H-1B petition filed by an employer to work for another employer. It may be possible for a new employer to file for a change of status to H-1B, but since there are other change of status application and requests that may have a bearing or effect on the outcome of the case, it is a wise idea to speak with an immigration attorney to develop a personalized legal strategy.

[binoca82]

If you find an H1 employer for her, you can do a COS from H4 to H1, on approval she can start working.

[anu_82]

Thank you both for your valuable answers.So, what i understood is that Filing from Visitors to H4 to H1 will be a bit complicated and might effect the H1 transfer process. And to change from H4 to H1B we have to wait for the approval.

Now, my question is she still hasn't stamped the visa, It is just "Approved Petition Status" by Company X. You think it is possible that Company Y can do her Change of status in this status ? If yes then could you please tell me if Original I-797B and I-129 is require? or Just the copies are sufficient?

[Attorney_25]

The timing of the filing of her H-1B and whether it was approved for change of status or for consular process is relevant. Your question cannot be answered appropriately without that information.

Generally, B-2 is a valid status for use by the dependent of someone in the US in H-1B status. Subsequently changing to H-4 status is not an issue because both statuses imply th same intent - to accompany the H-1B. If she had an H-1B change of status filed for her withina couple months of entering the US, she would have a problem. But I'm guessing in your case that did not happen. If there was any misrepresentation made on teh DS-160 or to the consular or CBP officer while applying for visa or entering the US, she may have a very serious problem. It would be helpful for her to review the sequence of events and all related facts with a qualified immigration attorney.

I am assuming that when you use the word "visa" in your post that you made an error in terminology and you were just speaking of petition approval. If she has an actual unexpired H-1B visa in her passport, she could leave an re-enter with that visa and the new petition approval.

Again, it would be a good idea for your wife to review her facts with a qualified immigration attorney.