H1b is expiring on 30th Sept, new employee trying to file before that, not confidant!

[Bittersweet.arpan]

My spouse's H1b Visa with the current employer is expiring on the 30th Sept 2013. She accepted an offer from a new employer who is in process of getting the LCA posted bu 16th Sept, and file at the earliest. Since they requested an NOC form current employer, they are not filing my extension. The new employer is trying to file within time, but is not confidant.
On the other hand, I am working on H1b with another company, so is COS to H4 an option in the meantime? If the new employers visa transfer is applied and get approved(Premium Processing), can she withdraw the COS?

What options do we have, please advise.

[Nattybone]

My spouse's H1b Visa with the current employer is expiring on the 30th Sept 2013. She accepted an offer from a new employer who is in process of getting the LCA posted bu 16th Sept, and file at the earliest. Since they requested an NOC form current employer, they are not filing my extension. The new employer is trying to file within time, but is not confidant.
On the other hand, I am working on H1b with another company, so is COS to H4 an option in the meantime? If the new employers visa transfer is applied and get approved(Premium Processing), can she withdraw the COS?

What options do we have, please advise.

Hello, Arpan.

If your wife's H1 is getting held up. H4 might not be a bad option. You do not want her going out of status.

You could always switch from H4 to H1, at a later date.

Cheers,