My H1B transfer while H4 conversion to H1 is to take place for my wife


dineshchandrapatil

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I am going to apply for my wife's H4 transfer to H1 soon through a consultancy.The consultancy is ready with all the formalities done and will go ahead for the submission of the petition by 1st April 2014.My wife has a valid H4 visa till September 22,2015.Yesterday I got a new job offer and willing to join soon and the new employer is willing to file a new H1 petition for me very soon and is not willing to accept any delays.As my wife has a valid H4 visa till September 22,2015,so I have asked my new employer that filing of a new H4 for my wife is not necessary.So in such situation will there be any risk of rejection of my wife's H4 to H1 conversion petition that will be filed on April this year.Please note that we are going for a premium visa processing for the H4 to H1 conversion for my wife.

 

This is very urgent for me to know about your opinion soon as I am on verge of taking a crucial decision based on your reply.

 

Thanks,

Dinesh

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I am going to apply for my wife's H4 transfer to H1 soon through a consultancy.The consultancy is ready with all the formalities done and will go ahead for the submission of the petition by 1st April 2014.My wife has a valid H4 visa till September 22,2015.Yesterday I got a new job offer and willing to join soon and the new employer is willing to file a new H1 petition for me very soon and is not willing to accept any delays.As my wife has a valid H4 visa till September 22,2015,so I have asked my new employer that filing of a new H4 for my wife is not necessary.So in such situation will there be any risk of rejection of my wife's H4 to H1 conversion petition that will be filed on April this year.Please note that we are going for a premium visa processing for the H4 to H1 conversion for my wife.

 

This is very urgent for me to know about your opinion soon as I am on verge of taking a crucial decision based on your reply.

 

Thanks,

Dinesh

You and your wife should be fine as long as you maintain your H1B status in US.

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Thanks Jairichi . I am a bit worried because my new employer is asking me to submit all the required documents immediately for my H1 transfer.Meanwhile my wife has the current H4 approval notice with my previous employer name being mentioned in it.So if my wife's petition is filed in the lottery this April, then will there be any risk  associated with it ?? because by the time USCIS starts reviewing the petition I will be having a new H1 receipt number as the transfer will have taken place or may be in the process.But the documents we have provided to the consultancy now consists of my current H1 number and her current H4 receipt number.So my wife's petition will be submitted to the USCIS by the consultancy with the documents we have submitted as of now.Will USCIS question the difference in receipt number??

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Thanks Jairichi . I am a bit worried because my new employer is asking me to submit all the required documents immediately for my H1 transfer.Meanwhile my wife has the current H4 approval notice with my previous employer name being mentioned in it.So if my wife's petition is filed in the lottery this April, then will there be any risk  associated with it ?? because by the time USCIS starts reviewing the petition I will be having a new H1 receipt number as the transfer will have taken place or may be in the process.But the documents we have provided to the consultancy now consists of my current H1 number and her current H4 receipt number.So my wife's petition will be submitted to the USCIS by the consultancy with the documents we have submitted as of now.Will USCIS question the difference in receipt number??

Submit all current relevant documents at the time of H1B filing for your wife.  If at all USCIS wants to know your latest status they would issue an RFE. But, mostly it will not be the case. You guys are fine.

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Thanks jairichi.what would happen if USCIS issues a RFE on my wife's petition to know about my h1b status and at the same time my h1b transfer petition has also got RFE.Will my wife's petition get rejected.

Thanks for your advice!!

I believe you are planning to move to new employer after your H1B petition gets approved and not based on receipt notice. In that case when your spouse's H1B petition is picked in lottery and a decision is taken quickly (PP) you would still be working for current employer on valid H1B status.

 

If you are planning to move to new employer based on receipt notice ask them to file your H1B petition in PP. In this way you would get a decision earlier than your wife. Even if they are not willing to file on PP, based on a decision pending with USCIS on your H1B petition your wife's petition will still get approved. If an RFE is raised you can provide USCIS with your H1B receipt number.

 

Worst case your wife's H1B petition would be approved but COS would be denied. She would need to exit later and enter US with a H1B visa to start working from 1st Oct.

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