H1 transfer while H1 to H4 COS pending

[MichiganH1]

Hi 

 

I have valid H1 till August 11th 2015 with employer A.

 

My husband employer applied for H1 to H4 COS on June 10th 2015 and then I stopped working from June 15th 2015. 

 

I resigned from job due to location constraints. 

 

Now I got full time job offer from Employer B who is willing to do my H1b trasnfer.

 

Please clarify my doubts on below points.

 

1) Can employer B apply H1 transfer while COS to H4 is pending.

2) Will it be problem for H1 trasnfer/extension as i stopped working since one month.

3) what happens if my H4 approves by the time emplyer B applies H1 transfer.

 

Thanks in advance

 

[jairichi]

1. Yes. Employer B has to include your COS to H4 receipt notice along with H1B petition.

2. No, as long as your COS to H4 was timely filed.

3. No issue.

 

You cannot start working for employer before approval of H1B petition.

[MichiganH1]

Hi Jairichi,

 

Thanks for your reply.

 

Regards,

Chitanya B

[manavg]

Hi Chitanya,

 

 

My wife is in the same boat right now...it would be great if you could share your experience...on h1 to h4 COS pending and filing a new h1 with a new employer