Tweet
H1 Transfer or H4 application
My wife is working for an employer A as a consultant at a client location. She had expressed interest in joining the client; the client (employer B) had extended an offer to her. The caveat is that they had asked for an NOC from employer A. My wife's current H1-b is expiring on the 30th Sept, 2013. The employer is doing all the paper work now (LCA should be posted by 16th) and are trying to file the visa transfer in premium processing by 30th. The only thing is that they are not sure if they will be able to file by 30th, so they have also taken a risk acceptance mail. Because of this, we talked to employer A, but they refused to file the extension. Now we need to have a safety net so that my wife does not go out of status after 30th in case the employer files the transfer after 30th. As a note, I myself hold an H1-b. With this, there are a number of questions that we had –
a. Can we file for her H4 ourselves?
b. In case we can, by when latest do we file the H4 application?
c. If the employer B, files by 30th, then can we withdraw the H4 petition?
d. If employer B files by 30th and we withdraw, what if the transfer is stuck or not approved?
e. In case the employer B files after 30th, what options do we have, considering that we have filed the H4 application? Do we have to let them know that we are filing the H4, so that they can file accordingly?
f. In case we file the H4, can my wife work till the H1 is transferred (filed by 30th or after) or the H4 is approved?
g. Employer B has informed us, “in the event there are any changes to your immigration status, please let us know, since the portability application needs to be processed accordingly”. What changes in case we file H4 from our side?
h. If employer B files by 30th , and the H4 is filed, when should my wife join work? Is it safe to join as soon as we get the receipt notice or should we wait for the approval? Are there any ramifications based on any option we choose?
i. We plan to travel to India in Mid Nov, this year, in case my wife’s H4 application in still under process, what happens while coming back from India? Do we have to file another H4 from there? Does she have to go for stamping? What happens to the current H4 application?
Many Thanks
a. Can we file for her H4 ourselves?
b. In case we can, by when latest do we file the H4 application?
c. If the employer B, files by 30th, then can we withdraw the H4 petition?
d. If employer B files by 30th and we withdraw, what if the transfer is stuck or not approved?
e. In case the employer B files after 30th, what options do we have, considering that we have filed the H4 application? Do we have to let them know that we are filing the H4, so that they can file accordingly?
f. In case we file the H4, can my wife work till the H1 is transferred (filed by 30th or after) or the H4 is approved?
g. Employer B has informed us, “in the event there are any changes to your immigration status, please let us know, since the portability application needs to be processed accordingly”. What changes in case we file H4 from our side?
h. If employer B files by 30th , and the H4 is filed, when should my wife join work? Is it safe to join as soon as we get the receipt notice or should we wait for the approval? Are there any ramifications based on any option we choose?
i. We plan to travel to India in Mid Nov, this year, in case my wife’s H4 application in still under process, what happens while coming back from India? Do we have to file another H4 from there? Does she have to go for stamping? What happens to the current H4 application?
Many Thanks
