221g_hyd Posted December 22, 2015 Report Share Posted December 22, 2015 Hi All, i am on H-1B valid until Jan 2017. My wife is currently working on H-1B and is planning to resign her job as we both live in different states. I am planning to apply for H1-H4 COS for her which would take 4 plus months. My question is: 1. After applying for the COS ,If she finds a job in the state i am living. Can she transfer for H-1 to the new company under cap exempt as she has used only 1 year under H-1B without H4 approval? 2. Is it worth to apply for both H4 and H4 EAD concurrently under my approved I-140, which if she gets would be valid up to Jan 2017(my H-1b Expirydate). Final goal is go back to H1B if she finds a Job. Thank you and appreciate your advice!! Link to comment
bobvisa Posted December 22, 2015 Report Share Posted December 22, 2015 1. Yes 2. You can apply concurrently. I think COS have to be cancelled if your wife decided to change to H1B while H4/EAD COS is in progress. Link to comment
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