H1B Transfer & New H1B

[utkarsh144]

Hi
Currently I am on H1B and my wife is on H4. My H1B transfer is under processing and at the same time, we have submitted to new H1B for my wife. Her employer asked I-94 copy of her and my I797 copy of mine. As i don't received my new i797, i have submitted the old one. Now H1b for her under processing, will it impact on her h1b processing as my new I797 is under process?

Also my wife & son planning to visit india as well while her h1 processing under way.

Will it impact in any case?

[kabkaba]

Hi
Currently I am on H1B and my wife is on H4. My H1B transfer is under processing and at the same time, we have submitted to new H1B for my wife. Her employer asked I-94 copy of her and my I797 copy of mine. As i don't received my new i797, i have submitted the old one. Now H1b for her under processing, will it impact on her h1b processing as my new I797 is under process?

-- If your current H1 petition is valid until Sep 30 or later, that is sufficient for your wife to apply for change of status.

Also my wife & son planning to visit india as well while her h1 processing under way.
-- She should not travel until a decision is made on the H1 petition. Travel will create complications.
Will it impact in any case?

See above.

[utkarsh144]

H4 to H1B Processing

See above.

Thanks for your reply.

I have confusion regarding your reply.
"She should not travel until a decision is made on the H1 petition. Travel will create complications."

H1 is going to file on regular processing. so it will take time around 3-4 months for processing. So are you saying, in this processing will it impact? Or we should wait till petition approval comes and then visit india. We don't want to take chance of H1 stamping.

BR,
Utkarsh

[kabkaba]

H1 petition is filed with change of status. Once you leave the US there is no status, so change of status part of the petition will be voided. Even if she returns before the decision is made, she will then have a new I-94. All this will create complications.
If travel is necessary, file with premium processing so that decision will be received quickly. Then once change of status is approved, she can travel and return in H4 status (before Oct 1) and the previously approved change of status will remain valid.