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REPOST: Applying for H1B transfer before H4 application is approved

REPOST: Applying for H1B transfer before H4 application is approved

Old May 15th 2001, 7:32 pm
  #1  
MCB
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I did not get any response to my previous query. Let me try one more time. Please
respond......

Me and wife both have H1B visas. I will soon be leaving my job (due to layoff). I may
get a new job within two weeks but, that is not sure.

Rather than waiting for the new job (and then filing for H1 transfer), I am
considering to file for an H4 visa. I think it takes several months to get a new H4.
If I get a new job while I am waiting for my H4, I was thinking to apply for an H1B
transfer and withdraw my application for H4.

Can I do that? That is, while my application for H4 is pending, can I withdraw it and
apply for an H1B transfer?

Another question.... About how long will it take for me to get a new H4?

Thanks.

--MCB
 
Old May 16th 2001, 5:13 am
  #2  
Sylvia Ottemoeller
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MCB wrote:

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Yes. With the new H-1B petition, the new employer includes a copy of the I-797
receipt notice for your I-539 requesting a change to H-4. This shows that you have
maintained continuous valid status in the U.S.

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You can check I-539 processing times here: http://www.shusterman.com/toc-sc.html.
They are processed at the Service Centers. In California, it's over a year.
 

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