H4 to F1 COS and H1 transfer

[ankitkap1984]

Dear Sir,

My H1 and my spouse h4 visa is valid till march 2016.

My wife has applied for change of status from H4 to F1 on Nov 1 st 2014 which generally takes 3 months for approval.
I am planning to change my employer in Dec 2014.

My questions:
1. Should I submit the H1 and H4 transfer documents with my H1 transfer to new employer having her cos from H4 to F1 in progress or it will create an issue ?

2. While submitting documents during her transfer to F1 in Nov 2014 I submitted my first employer salary slips. Now if I change my employer will that cause any issue with the cos from H4 to F1 for my wife ?

Regards Ankit

[Kanmani]

Ankit,

Welcome to the forum.

First thing I wanted you to know is, whenever you change employers, you are not required to extend H-4, unless h-4 is near expiry. H-4 is H1 dependent but not employer (H1) dependent. If you are changing 3 employers in 3 years span, you may need 3 H1b approval + 1 H4.

You have already chosen to change status from H4 to F1, if in case you file H4 along with your H1, whichever approval comes later is valid. If F1 is approved in January 2015 and H-4 is approved in February, which would supersede the earlier F1 approval making only H-4 is valid.

No need worry about the pay checks since you are employed in that particular company on the day of submission of the application.

[ankitkap1984]

Dear Kanmani,

Thanks for your quick response. I really appreciate it.

So according to the clarifications provided by you I have one question on the same.

Me h1 and my wife visa h4 is expiring in march 2016. So we don't need an extension.

Since my wife H4 to F1 COS is in progress since Nov 2014. If I transfer my H1 and submit my wife h4 documents to my new employer in Dec 2014 with premium processing in which we get the approval in 15 days that is by December end 2014.

And if she gets f1 approval in Jan end 2015.

Her F1 will be counted valid and supersede the h4 transfer . Correct ?

Regards
Ankit

Ankit,

Welcome to the forum.

First thing I wanted you to know is, whenever you change employers, you are not required to extend H-4, unless h-4 is near expiry. H-4 is H1 dependent but not employer (H1) dependent. If you are changing 3 employers in 3 years span, you may need 3 H1b approval + 1 H4.

You have already chosen to change status from H4 to F1, if in case you file H4 along with your H1, whichever approval comes later is valid. If F1 is approved in January 2015 and H-4 is approved in February, which would supersede the earlier F1 approval making only H-4 is valid.

No need worry about the pay checks since you are employed in that particular company on the day of submission of the application.

[ankitkap1984]

Dear Kanmani,

I appreciate your reply on the same.

As per your explanation I have one question:

Since my wife COS from H4 to F1 was filed in Nov 2014. It generally takes 3 months minimum for processing. So her approval for the same will be in Feb 2015.
I will be transferring my H1 to new employer in premium processing in Dec 2014 which generally takes 15 days for getting approval. So if i give her H4 documents along with my H1 transfer docs to the new employer and get the approval withing 15 days.

Her F1 COS approval (in Feb 2015) will supersede the H4 approval (in Dec 2014). Correct ?

Regards
Ankit



Welcome to the forum.

First thing I wanted you to know is, whenever you change employers, you are not required to extend H-4, unless h-4 is near expiry. H-4 is H1 dependent but not employer (H1) dependent. If you are changing 3 employers in 3 years span, you may need 3 H1b approval + 1 H4.

You have already chosen to change status from H4 to F1, if in case you file H4 along with your H1, whichever approval comes later is valid. If F1 is approved in January 2015 and H-4 is approved in February, which would supersede the earlier F1 approval making only H-4 is valid.

No need worry about the pay checks since you are employed in that particular company on the day of submission of the application.[/QUOTE]

[Kanmani]

Ankit, Yes you are correct.

[ankitkap1984]

Dear Kanmani,

I have one more question.

When I transfer my H1 to New employer from my old Employer in Dec 2014, considering my wife H4 to F1 transfer is already in progress since november 2014.

Is it mandatory to give my wife H4 visa copy to my new employer ?
Is it mandatory to initiate my wife H4 to H4 transfer to my new employer (Considering her visa is valid till March 2016 but she has my old company name printed on her H4 visa) ?

[Kanmani]

Dear Kanmani,

I have one more question.

When I transfer my H1 to New employer from my old Employer in Dec 2014, considering my wife H4 to F1 transfer is already in progress since november 2014.

Is it mandatory to give my wife H4 visa copy to my new employer ?
Is it mandatory to initiate my wife H4 to H4 transfer to my new employer (Considering her visa is valid till March 2016 but she has my old company name printed on her H4 visa) ?

It is not necessary to renew H-4 along with your H1 every time. One valid H-4 approval is enough, if she is traveling on H4, she can carry your H1b approval copy along with her valid H-4 visa stamp. That's it.