Is filing for H4 mandatory with H1B transfer petition

[dineshchandrapatil]

Hi,

Currently I am working with employer A. I have got a job offer from employer B.Currently my H1B approval has an validity till september 22, 2015.I am going to transfer my H1B and I have submitted all relevant documents to my new employer B.Recently my wife's H4 got extended till sep 22, 2015.Now, as we are for converting my wife's h4 to h1b , we have submitted all current relevant documents to our consultancy for premium processing.Please find my questions below:

1. Is it necesary to file for my wife's h4 with my h1b transfer because she has a current h4 validity till sep 22,2015.

2.If let say my wife's petition is picked up in the lottery, and by then I have received a new h1b receipt number under my new employer B.How will USCIS come to know that my h1b is the primary for my wife's h4 as her h4 carries my current employer name and I would be having a new receipt number under my new employerB.Will this be a problem.

Thanks,

Dinesh

[jairichi]

Hi,

Currently I am working with employer A. I have got a job offer from employer B.Currently my H1B approval has an validity till september 22, 2015.I am going to transfer my H1B and I have submitted all relevant documents to my new employer B.Recently my wife's H4 got extended till sep 22, 2015.Now, as we are for converting my wife's h4 to h1b , we have submitted all current relevant documents to our consultancy for premium processing.Please find my questions below:

1. Is it necesary to file for my wife's h4 with my h1b transfer because she has a current h4 validity till sep 22,2015.

2.If let say my wife's petition is picked up in the lottery, and by then I have received a new h1b receipt number under my new employer B.How will USCIS come to know that my h1b is the primary for my wife's h4 as her h4 carries my current employer name and I would be having a new receipt number under my new employerB.Will this be a problem.

Thanks,

Dinesh

1. No.

2. I believe you are not quitting current employer based on receipt notice from new employer. In that case nothing to worry.

[dineshchandrapatil]

Thanks Jairichi. My new employer B will be filing for my h1b transfer through a premium processing . Due to urgent requirement I am asked to join the company as soon as possible . So in that case I may have to join the company with the receipt number only.If my H1B transfer receives a RFE then it would take some more days to get the approval.But the company is asking me to join the company with the receipt number . Please find my queries below

 

1. As I am going for a premium processing for my wife's h4 to h1 conversion.If her petition is picked up in the lottery,then by when can we expect a response(RFE/Approval) from the USCIS as we are hearing that premium processing wil start no later than 28th April 2014

 

2. I can stay with my current employer till april end. We are getting the news online that premium processing will start no later than 28th April 2014.If my H1b transfer gets a RFE and let say her h4 is picked up in the lottery and starts processing from 28th April.In such a situation How will USCIS come to know that my h1b is the primary for my wife's h4 as her h4 carries my current employer name and I would be having a new receipt number under my new employer B. Would this be a problem.Please advise.

 

 

Thanks,

Dinesh

[dineshchandrapatil]

Hi Experts,

 

    As explained above that I am going for a H1B transfer and I am not filing for my wife's h4 because her h4 recently got extended till september 22 , 2015.So ideally my wife is holding her current h4 approval notice filed by my current employer.Along with this we would be converting my wife's h4 to h1 through premium processing for which all the current relevant documents have been submitted.

 

If my wife's case is picked up in the lottery , if my h1b transfer gets a RFE and I would have started working with the new employer on the basis of the receipt number alone ,

 

1. Is there any sort of issues to my wife's h4 to h1 conversion process in such situations. 

2. How would USCIS know that I am the primary to my wife's h4 that she is holding now as in a week I would be getting a new receipt number under my new employer but my wife's h4 current approval notice carries my current employer name.

 

 

Thanks,

Dinesh