Urgent: H1B to H4 to H1B (Spouse)


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Both me and my spouse are on our first H1B(s) ...and have never been out-of-status.  Mine started on Oct 2012, wife's started on Oct 2013.



We are relocating to a new city in about 2 months (I have accepted a job offer and my H1B transfer will be initiated soon). What are options for my wife if -


1)  She is allowed to work for same employer remotely


2)  She is able to find a new job in new city before the move (i.e. before giving notice to her current employer)


3)  She is unable to find job before the move (so has to initiate H1B to H4 COS), but gets a job later after few months ?  (Is H4 to H1B subjected to H1B cap again? Is this easy i.e. take 1-2 months OR difficult ?)



*     Basically, we need inputs on how and when to - approach her employer. As well as when to ask my new company to file H4 for my wife.

*     Does filing H4 automatically nullifies her current H1B VISA (i.e. She has to working after H4 is filed ?)


thanks for all your help,




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She needs to inform her work place and ask if they will let her work remotely if at all possible and if so they will amend the LCA and H1 petition. If no joy she can stop working as soon as her application to change to H4 status is on file. H4 status is separate from H1 status and she does not loose her remaining H1 entitlement irrespective of what she does.

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Thank you for your response, Pontevecchio.


One quick follow-up:


At what stage of my H1B-transfer ....the immigration attorney of my new company file for H4 for my spouse ?  i.e. is it after USCIS receipt OR after final documents are received OR earlier.  {I'm assuming old employer is typically kept out of loop till H1B-transfer receipt is available}.



We do not wish to take any risk of being out of status. She will approach her employer once we can immediately file for H4 if things don't work out.




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