Visa Transfer applied from H4 to F1 . Questions regarding H1b application with pending COS .

Asked over 1 year ago - San Jose, CA

My wife is currently in 4 Visa status . We have filed an i - 539 for change of status to 1 visa as she is pursing her Masters in a local university . The case is in initial review and not been approved yet . She has been offered a job and the company is willing to file an Heb Visa for her this year . If her 1 Visa status is not approved yet till 1st April ( 1st day of Heb Filing ) , will it be OK to have 2 pending applications ? Please advice .

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    Answered . Bad idea. If her F1 is approved before H1, and the H1 is approved then, the H1 will not be valid and you will have to refile. Wait until F1 is approved and then decide.

    www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell:... more
  2. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Having more than one application pending at a time is at best tricky, and could result in the person not ending up with the status desired.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Tripti Sharad Sharma

    Contributor Level 19

    1

    Lawyer agrees

    Answered . It is best to seek consular processing in this case. She can continue her studies and join the employer when she is ready.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  4. Justin G. Randolph

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Already answered.

    My answering this question does not form an attorney-client relationship. Always retain a qualified attorney... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,509 answers this week

2,853 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,509 answers this week

2,853 attorneys answering