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Hi,
I came to USA in 2014 in H4visa and my i94 valid till Sep-2016.
My spouse got an offer from a company B and they filed for H1b transfer along with my H4 in March-2015.
Meanwhile I applied for H1b on April-2015 through a consultancy .
H1 transfer along with H4 got approved on may-2015.
But due to some reason he could not join company B within the time frame(2months) and continued to work in company A.
I go tmy H1b approval notice with I-797B consular processin(Chennai) on July17th without an I-94.
Later company B applied for H1b transfer again in August(2015), but my spouse told not to file my H4 as my H1 was processing.
Approval is still pending with USCIS for my spouse till date.
1.Since my consultancy could not provide necessary documents for stamping, I'm planning to change employer and have an offer from another employer. Can they file my H1 Transfer in premium processing along with COS without going for stamping?
OR
2.Am I Out of Status now to apply for a COS? My H4 I94 is valid till Sep 2016.
I came to USA in 2014 in H4visa and my i94 valid till Sep-2016.
My spouse got an offer from a company B and they filed for H1b transfer along with my H4 in March-2015.
Meanwhile I applied for H1b on April-2015 through a consultancy .
H1 transfer along with H4 got approved on may-2015.
But due to some reason he could not join company B within the time frame(2months) and continued to work in company A.
I go tmy H1b approval notice with I-797B consular processin(Chennai) on July17th without an I-94.
Later company B applied for H1b transfer again in August(2015), but my spouse told not to file my H4 as my H1 was processing.
Approval is still pending with USCIS for my spouse till date.
1.Since my consultancy could not provide necessary documents for stamping, I'm planning to change employer and have an offer from another employer. Can they file my H1 Transfer in premium processing along with COS without going for stamping?
OR
2.Am I Out of Status now to apply for a COS? My H4 I94 is valid till Sep 2016.
