H4 to H1B transfer

[pranavpatil0702]

Hi All,
Could you please help me getting answer for my following question.

My wife was in US on H4 visa. Employer 1 filled H1B petition for her. Since Petition was filled with no change of status, My wife went India for H1B stamping.
She got white slip during interview. VO returned H1B approved petition copy (I 797 B) , other documents and passport.

Documents asked during interview
1. Client letter
2. Detail project Description

Employer 1 emailed all documents to mentioned email address on Administrative process form.

Its been month , status is still administrative process.

How long will it take to complete process after document submission.

a) Can I ask My wife to come to US on H4 visa ( H4 visa is valid upto 2016) ?

b) Can we find another employer in US who can file COS ( Considering H1B petition is still in administrative process) ?

c) If option b do not work, can we use H1B approval notice ( which is in administrative process) to become eligible for H1B2015 cap exempt?

If answer is yes for option c , can we go for COS in 2015?

please help with your answers.

Thanks,
Pranav

[raghvi]

Hi All,
Could you please help me getting answer for my following question.

My wife was in US on H4 visa. Employer 1 filled H1B petition for her. Since Petition was filled with no change of status, My wife went India for H1B stamping.
She got white slip during interview. VO returned H1B approved petition copy (I 797 B) , other documents and passport.

Documents asked during interview
1. Client letter
2. Detail project Description

Employer 1 emailed all documents to mentioned email address on Administrative process form.

Its been month , status is still administrative process.

How long will it take to complete process after document submission.

a) Can I ask My wife to come to US on H4 visa ( H4 visa is valid upto 2016) ?

b) Can we find another employer in US who can file COS ( Considering H1B petition is still in administrative process) ?

c) If option b do not work, can we use H1B approval notice ( which is in administrative process) to become eligible for H1B2015 cap exempt?

If answer is yes for option c , can we go for COS in 2015?

please help with your answers.

Thanks,
Pranav

Admin processing does not have a deadline, can take days/weeks/months.
a. Yes.
b. Yes.
c. Yes, as long as USCIS does not revoke the petition. One can go for cap exempt any time within 6 Years of original cap count as long as petition is not revoked by USCIS.

This is my opinion not legal advice.

[pranavpatil0702]

RE : H4 to H1B transfer

Hi Raghvi,
Thanks a lot for your input.


Thanks,
Pranav

[Broom Room]

Project Description Document

Hello,

Can you please share a Project Description Document, exactly want to know what were the contents of the document.

Thanks