H1B to H4

[arya1985]

Hi

 

My wife is working for company A (H1-B). She filed for H1-B extension but it went to RFE now. (i-94, H1B stamping expired)  So we are not sure if she will get approved. So if in case the Extension application is denied, 

 

1. Can she apply for H4 right away from US, (I'm in H1)

2. Is there premium processing for H1-H4 COS?

2. Whether she needs to go out of country anytime?

3. While H1-H4 COS is pending, if she gets a new offer from Company B who is willing to sponsor H1, whether she can apply for that while COS is pending?

 

 

Thanks

 

[jairichi]

Hi

 

My wife is working for company A (H1-B). She filed for H1-B extension but it went to RFE now. (i-94, H1B stamping expired)  So we are not sure if she will get approved. So if in case the Extension application is denied, 

 

1. Can she apply for H4 right away from US, (I'm in H1)

2. Is there premium processing for H1-H4 COS?

2. Whether she needs to go out of country anytime?

3. While H1-H4 COS is pending, if she gets a new offer from Company B who is willing to sponsor H1, whether she can apply for that while COS is pending?

 

 

Thanks

1. Yes.

2. No

3. No

4. Yes. But, if H4 gets approved after H1B then she has to exit and enter US to be on H1B.

[arya1985]

Thanks for the reply.

 

So just want to me more clear..

For question 

 

"4. While H1-H4 COS is pending, if she gets a new offer from Company B who is willing to sponsor H1, whether she can apply for that while COS is pending?"

 

you told "Yes. But, if H4 gets approved after H1B then she has to exit and enter US to be on H1B." 

 

 

So Consider, She applies for H1-H4 COS by Dec 30th (Regular Processing). and by Jan 30th she got offer from another company and apply for H1B (Premium Processing) - Still H1-H4 COS pending

 

Then she might get approval with in 15 days for H1 and

A. Whether she can start working right away?

B. Still H1-H4 process will be goinng on?

C. If H1-H4 process is gng on what will happend?

 

 

Thanks

[jairichi]

Thanks for the reply.

 

So just want to me more clear..

For question 

 

"4. While H1-H4 COS is pending, if she gets a new offer from Company B who is willing to sponsor H1, whether she can apply for that while COS is pending?"

 

you told "Yes. But, if H4 gets approved after H1B then she has to exit and enter US to be on H1B." 

 

 

So Consider, She applies for H1-H4 COS by Dec 30th (Regular Processing). and by Jan 30th she got offer from another company and apply for H1B (Premium Processing) - Still H1-H4 COS pending

 

Then she might get approval with in 15 days for H1 and

A. Whether she can start working right away?

B. Still H1-H4 process will be goinng on?

C. If H1-H4 process is gng on what will happend?

 

 

Thanks

A. Yes.

B. Yes, the process continues till a decision is made on her H1B to H4 change of status application.

C. If H4 gets approved after H1B approval she will be on H4 status, according to last action rule. In this case either employer applies again for change of status to H1B or she exits US and enter on valid H1B visa and I797 approval notice.