Help required for H4 to H1b conversion while primary H1 holder changes employer


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My husband works for employer A and I am currently on H4 visa, valid till Nov 2015 (i94 valid till Nov 2015).


I have applied for H4 to H1b conversion through a consultant and current status for application is RFE. Consultant is in process to reply to REF by end of this week.


My husband has got offer from company B and is in progress to interview for other companies as well e.g. Company C. Company B wants to start H1b transfer for him now.


Could you please help me with below?


1 - Will it problem be a problem, if Company B applies for transfer of H1 for my husband and then Company C as well applies later after 2 weeks or so? Basically can get option to select best suitable company B or Company C once we get visa approvals?


2 - Since, my case is in REF and in progress, consultant suggested to only get husband H1 transferred to new company say B or C either. And NOT to transfer my h4 to new employer of my husband say B or C. Will there be any problem for me to continue staying in USA till i get my H4 to H1 completed?


3 - In case if my H4 to H1 is not completed successfully, can i get my old employer A's H4 now transferred after time to say 2 months post husband's H1 transfer to either employer B or C?


4 - If I do not get my H4 transferred to employer B or C, and till then if employer A cancels my husband H1b, then, can still stay on H4 of A, till i get my result of h1b or later transfer my H4 to either employer B or C.


Sorry for ton of questions and little complicated case.


Thanks lot in advance for all your and support.




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1. No issue.

2. Your H4 status depends on your spouse's H1B status. It does not matter which company your spouse joins.

3. H4 is not tied to any employer but only to primary applicant (H1B). So there is nothing you need to do till current I94 expiry if your spouse holds valid H1B status.

4. Refer 2 & 3.

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