Legal Question in Immigration Law in Virginia

Currently my H1 is getting transferred from Employer A to Employer B and may take till 15th April to get the process completed.At the same time my wife applied for H4 to H1 transfer which will be starting 1st April. She used H4 from my Employer A for the filing.

Now my question is how does US Consulate deal with this situation as my wife's H4 might be with either Employer A or Employer B by the time her application is with USCIS.

Please suggest.Thanks in Advance for your quick response!!!


Asked on 3/14/13, 11:37 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If your wife filed a for an extension of stay of her H-4 visa here in the United States, then her validity period will be based on whatever H-1B visa petition you used at the time of filing. It doesn't matter what employer you have, just as long as you are in-status. If, for some reason, she went abroad to get the visa issued by the U.S. Consulate, then they would use the current validity period of the approved I-539 application.

If Employer B's H-1B (change of Employer) petition was also for an extension of stay or recapture of time, make sure you are mindful of your wife's H-4 validity period, since the two might be different.

If your wife's H-1B for the new fiscal year is approved, then her status will change from H-4 to H-1B on/after October 1, 2013, which will be triggered once she starts working for the H-1B employer.

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Answered on 3/15/13, 6:34 am


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