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my h1 transfer : wife's h4 extension and her h1b filling for 2007 at the same time

my h1 transfer : wife's h4 extension and her h1b filling for 2007 at the same time

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Old Jun 24th 2006, 4:19 am
  #1  
Vivek_info
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Posts: n/a
Default my h1 transfer : wife's h4 extension and her h1b filling for 2007 at the same time

Hi,
I have a question that needs to be answered very soon as I have very
little time to take decision what is to be done in this regard. let me
tell my situation at present:

- I am in h1b visa of company A. Company B has offered me a job and
wants to tranfer my visa.
- My wife is on h4 dependent on h1b from company A.
- We filled her H1 (COS) from h4 to h1 which would be active from
OCtober 2006. we filled this on 1st week of may2006.
-company B wants to file H4 visa extension for my wife.

Now my question is :
a) is it legal to file for a H4 extension when we have already filled
her H1 B and got a EAC number.
b) will it cause any problem in my visa transfer
c) should we go for a h4 visa extension at all? she is not going to
travel in the coming months till she gets a H1b visa as she need not to
leave the country before she gets h1b.
d) will this cause any problem in her getting h1b in october 2006
e) what is the best way to go about this.

Please reply asap as I need to act on this coming monday.

Thanks
Vivek
 
Old Jun 24th 2006, 3:47 pm
  #2  
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Default Re: my h1 transfer : wife's h4 extension and her h1b filling for 2007 at the same tim

Originally Posted by Vivek_info
Hi,
I have a question that needs to be answered very soon as I have very
little time to take decision what is to be done in this regard. let me
tell my situation at present:

- I am in h1b visa of company A. Company B has offered me a job and
wants to tranfer my visa.
- My wife is on h4 dependent on h1b from company A.
- We filled her H1 (COS) from h4 to h1 which would be active from
OCtober 2006. we filled this on 1st week of may2006.
-company B wants to file H4 visa extension for my wife.

Now my question is :
a) is it legal to file for a H4 extension when we have already filled
her H1 B and got a EAC number.
b) will it cause any problem in my visa transfer
c) should we go for a h4 visa extension at all? she is not going to
travel in the coming months till she gets a H1b visa as she need not to
leave the country before she gets h1b.
d) will this cause any problem in her getting h1b in october 2006
e) what is the best way to go about this.

Please reply asap as I need to act on this coming monday.

Thanks
Vivek

I don't think her H4 status will interfere with her H1b application. The important thing is to maintain legal status, i.e. she has to have a valid I-94 while she remains in the US.
Elvira is offline  
Old Jun 24th 2006, 6:57 pm
  #3  
Vivek_info
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Posts: n/a
Default Re: my h1 transfer : wife's h4 extension and her h1b filling for 2007 at the same tim

thanks for this reply Elvira as I was really looking for some advice.
so should I go and file her extension for H4 while I am having my H1
transfer with other company?
Or I should not file her extension at all as it is just a matter of 3-4
months that she would remain in H4 status as she would be getting her
H1B in october 2006.

Do you think I should know some things regard to this...i mean do you
want to give me any advice with regard to this whole process.sice u are
more experirnced and have seen such cases earlier I believe u would
want me to know points in this whole case.
please suggest.

thanks
Vivek


Elvira wrote:
    > > Hi,
    > > I have a question that needs to be answered very soon as I have very
    > > little time to take decision what is to be done in this regard. let me
    > > tell my situation at present:
    > >
    > > - I am in h1b visa of company A. Company B has offered me a job and
    > > wants to tranfer my visa.
    > > - My wife is on h4 dependent on h1b from company A.
    > > - We filled her H1 (COS) from h4 to h1 which would be active from
    > > OCtober 2006. we filled this on 1st week of may2006.
    > > -company B wants to file H4 visa extension for my wife.
    > >
    > > Now my question is :
    > > a) is it legal to file for a H4 extension when we have already filled
    > > her H1 B and got a EAC number.
    > > b) will it cause any problem in my visa transfer
    > > c) should we go for a h4 visa extension at all? she is not going to
    > > travel in the coming months till she gets a H1b visa as she need
    > > not to
    > > leave the country before she gets h1b.
    > > d) will this cause any problem in her getting h1b in october 2006
    > > e) what is the best way to go about this.
    > >
    > > Please reply asap as I need to act on this coming monday.
    > >
    > > Thanks
    > > Vivek
    > I don't think her H4 status will interfere with her H1b application. The
    > important thing is to maintain legal status, i.e. she has to have a
    > valid I-94 while she remains in the US.
    >
    > --
    > Posted via http://britishexpats.com
 
Old Jun 24th 2006, 7:39 pm
  #4  
Homebody
 
Joined: Jan 2005
Location: HOME
Posts: 23,181
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Default Re: my h1 transfer : wife's h4 extension and her h1b filling for 2007 at the same tim

Originally Posted by Vivek_info
thanks for this reply Elvira as I was really looking for some advice.
so should I go and file her extension for H4 while I am having my H1
transfer with other company?
Or I should not file her extension at all as it is just a matter of 3-4
months that she would remain in H4 status as she would be getting her
H1B in october 2006.

Do you think I should know some things regard to this...i mean do you
want to give me any advice with regard to this whole process.sice u are
more experirnced and have seen such cases earlier I believe u would
want me to know points in this whole case.
please suggest.

thanks
Vivek


Elvira wrote:
    > > Hi,
    > > I have a question that needs to be answered very soon as I have very
    > > little time to take decision what is to be done in this regard. let me
    > > tell my situation at present:
    > >
    > > - I am in h1b visa of company A. Company B has offered me a job and
    > > wants to tranfer my visa.
    > > - My wife is on h4 dependent on h1b from company A.
    > > - We filled her H1 (COS) from h4 to h1 which would be active from
    > > OCtober 2006. we filled this on 1st week of may2006.
    > > -company B wants to file H4 visa extension for my wife.
    > >
    > > Now my question is :
    > > a) is it legal to file for a H4 extension when we have already filled
    > > her H1 B and got a EAC number.
    > > b) will it cause any problem in my visa transfer
    > > c) should we go for a h4 visa extension at all? she is not going to
    > > travel in the coming months till she gets a H1b visa as she need
    > > not to
    > > leave the country before she gets h1b.
    > > d) will this cause any problem in her getting h1b in october 2006
    > > e) what is the best way to go about this.
    > >
    > > Please reply asap as I need to act on this coming monday.
    > >
    > > Thanks
    > > Vivek
    > I don't think her H4 status will interfere with her H1b application. The
    > important thing is to maintain legal status, i.e. she has to have a
    > valid I-94 while she remains in the US.
    >
    > --
    > Posted via http://britishexpats.com

If you want legal advice, consult a qualified immigration attorney. I think my previous reply was pretty clear though. I think it is really, really important for your wife to maintain legal status, either as an H4 or an H1b. There should be no gap between the two.
Elvira is offline  
Old Jun 25th 2006, 5:20 pm
  #5  
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Default Re: my h1 transfer : wife's h4 extension and her h1b filling for 2007 at the same time

Originally Posted by Vivek_info
Hi,
I have a question that needs to be answered very soon as I have very
little time to take decision what is to be done in this regard. let me
tell my situation at present:

- I am in h1b visa of company A. Company B has offered me a job and
wants to tranfer my visa.
- My wife is on h4 dependent on h1b from company A.
- We filled her H1 (COS) from h4 to h1 which would be active from
OCtober 2006. we filled this on 1st week of may2006.
-company B wants to file H4 visa extension for my wife.

Now my question is :
a) is it legal to file for a H4 extension when we have already filled
her H1 B and got a EAC number.
------------ at present she is on H4 visa status if she has valid I-94 based on H4 visa stamp. she filed her H4 to H1 COS once H1 gets approved she will be on H1. She CAN file H4 extension if she wants be be on H4 extension

b) will it cause any problem in my visa transfer
------------------------NO, if you have recent pay stubs and valid I-94 and B company lawyer fill up the forms correctly and attaches the new LCA from employer B
c) should we go for a h4 visa extension at all? she is not going to
travel in the coming months till she gets a H1b visa as she need not to
leave the country before she gets h1b.
------------ go for H4 extension if she wants to be on H4 if she wants to be on H1 then she need to wait for H1 approval notice
d) will this cause any problem in her getting h1b in october 2006
---------- first filing H4 to H1 COS and then filing H4 extension may confuse the officer. she need to decide on what status she wants to be H4 or H1
e) what is the best way to go about this.
------------- go to good lawyer and seek legal advice( you can also talk to company B lawyer )
Please reply asap as I need to act on this coming monday.

Thanks
Vivek
------------------------------------------------
Manish is offline  
Old Jun 25th 2006, 10:50 pm
  #6  
Vivek_info
Guest
 
Posts: n/a
Default Re: my h1 transfer : wife's h4 extension and her h1b filling for 2007 at the same time

manish thanks for your interest in my question but I cannot see your
response..will u please re post it..

thanks
Vivek

Manish wrote:
    > > Hi,
    > > I have a question that needs to be answered very soon as I have very
    > > little time to take decision what is to be done in this regard. let me
    > > tell my situation at present:
    > >
    > > - I am in h1b visa of company A. Company B has offered me a job and
    > > wants to tranfer my visa.
    > > - My wife is on h4 dependent on h1b from company A.
    > > - We filled her H1 (COS) from h4 to h1 which would be active from
    > > OCtober 2006. we filled this on 1st week of may2006.
    > > -company B wants to file H4 visa extension for my wife.
    > >
    > > Now my question is :
    > > a) is it legal to file for a H4 extension when we have already filled
    > > her H1 B and got a EAC number.
    > > b) will it cause any problem in my visa transfer
    > > c) should we go for a h4 visa extension at all? she is not going to
    > > travel in the coming months till she gets a H1b visa as she need
    > > not to
    > > leave the country before she gets h1b.
    > > d) will this cause any problem in her getting h1b in october 2006
    > > e) what is the best way to go about this.
    > >
    > > Please reply asap as I need to act on this coming monday.
    > >
    > > Thanks
    > > Vivek
    > ------------------------------------------------
    >
    > --
    > Posted via http://britishexpats.com
 
Old Jun 26th 2006, 3:08 am
  #7  
BE Enthusiast
 
Joined: Jun 2001
Posts: 571
Manish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really nice
Default Re: my h1 transfer : wife's h4 extension and her h1b filling for 2007 at the same time

Hi,
I have a question that needs to be answered very soon as I have very
little time to take decision what is to be done in this regard. let me
tell my situation at present:

- I am in h1b visa of company A. Company B has offered me a job and
wants to tranfer my visa.
- My wife is on h4 dependent on h1b from company A.
- We filled her H1 (COS) from h4 to h1 which would be active from
OCtober 2006. we filled this on 1st week of may2006.
-company B wants to file H4 visa extension for my wife.

Now my question is :
a) is it legal to file for a H4 extension when we have already filled
her H1 B and got a EAC number.
------------ at present she is on H4 visa status if she has valid I-94 based on H4 visa stamp. she filed her H4 to H1 COS once H1 gets approved she will be on H1. She CAN file H4 extension if she wants be be on H4 extension

b) will it cause any problem in my visa transfer
------------------------NO, if you have recent pay stubs and valid I-94 and B company lawyer fill up the forms correctly and attaches the new LCA from employer B
c) should we go for a h4 visa extension at all? she is not going to
travel in the coming months till she gets a H1b visa as she need not to
leave the country before she gets h1b.
------------ go for H4 extension if she wants to be on H4 if she wants to be on H1 then she need to wait for H1 approval notice
d) will this cause any problem in her getting h1b in october 2006
---------- first filing H4 to H1 COS and then filing H4 extension may confuse the officer. she need to decide on what status she wants to be H4 or H1
e) what is the best way to go about this.
------------- go to good lawyer and seek legal advice( you can also talk to company B lawyer )
Manish is offline  
Old Jun 26th 2006, 1:32 pm
  #8  
Vivek_info
Guest
 
Posts: n/a
Default Re: my h1 transfer : wife's h4 extension and her h1b filling for 2007 at the same time

Thanks for the reply Manish.
So are you saying that we should wait for her H1B to come in Oct2006
and not file and extension now? Yes she does want to be on H1B but that
she would get only in october.what about the period b/w now and
october? is her I-94 valid in that period even if my H1 changes. her
persent I-94 says that it expires on may 2008.

Please advice.

thanks
vivek
Manish wrote:
    > > manish thanks for your interest in my question but I cannot see your
    > > response..will u please re post it..
    > >
    > > thanks
    > > Vivek
    > >
    > > Manish wrote:
    > > > > Hi,
    > > > > I have a question that needs to be answered very soon as I have
    > > > > very
    > > > > little time to take decision what is to be done in this regard.
    > > > > let me
    > > > > tell my situation at present:
    > > > >
    > > > > - I am in h1b visa of company A. Company B has offered me a job
    > > > > and
    > > > > wants to tranfer my visa.
    > > > > - My wife is on h4 dependent on h1b from company A.
    > > > > - We filled her H1 (COS) from h4 to h1 which would be active from
    > > > > OCtober 2006. we filled this on 1st week of may2006.
    > > > > -company B wants to file H4 visa extension for my wife.
    > > > >
    > > > > Now my question is :
    > > > > a) is it legal to file for a H4 extension when we have already
    > > > > filled
    > > > > her H1 B and got a EAC number.
    > > > > b) will it cause any problem in my visa transfer
    > > > > c) should we go for a h4 visa extension at all? she is not going
    > > > > to
    > > > > travel in the coming months till she gets a H1b visa as she
    > > > > need
    > > > > not to
    > > > > leave the country before she gets h1b.
    > > > > d) will this cause any problem in her getting h1b in october 2006
    > > > > e) what is the best way to go about this.
    > > > >
    > > > > Please reply asap as I need to act on this coming monday.
    > > > >
    > > > > Thanks
    > > > > Vivek
    > > > ------------------------------------------------
    > > >
    > > > --
    > > > Posted via http://britishexpats.com
    > Hi,
    > I have a question that needs to be answered very soon as I have very
    > little time to take decision what is to be done in this regard. let me
    > tell my situation at present:
    > - I am in h1b visa of company A. Company B has offered me a job and
    > wants to tranfer my visa.
    > - My wife is on h4 dependent on h1b from company A.
    > - We filled her H1 (COS) from h4 to h1 which would be active from
    > OCtober 2006. we filled this on 1st week of may2006.
    > -company B wants to file H4 visa extension for my wife.
    > Now my question is :
    > a) is it legal to file for a H4 extension when we have already filled
    > her H1 B and got a EAC number.
    > ------------ at present she is on H4 visa status if she has valid I-
    > 94 based on H4 visa stamp. she filed her H4 to H1 COS once H1 gets
    > approved she will be on H1. She CAN file H4 extension if she wants be
    > be on H4 extension
    > b) will it cause any problem in my visa transfer
    > ------------------------NO, if you have recent pay stubs and valid
    > I-94 and B company lawyer fill up the forms correctly and attaches
    > the new LCA from employer B
    > c) should we go for a h4 visa extension at all? she is not going to
    > travel in the coming months till she gets a H1b visa as she need not
    > to
    > leave the country before she gets h1b.
    > ------------ go for H4 extension if she wants to be on H4 if she
    > wants to be on H1 then she need to wait for H1 approval notice
    > d) will this cause any problem in her getting h1b in october 2006
    > ---------- first filing H4 to H1 COS and then filing H4 extension may
    > confuse the officer. she need to decide on what status she wants to
    > be H4 or H1
    > e) what is the best way to go about this.
    > ------------- go to good lawyer and seek legal advice( you can also
    > talk to company B lawyer )
    >
    > --
    > Posted via http://britishexpats.com
 

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