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

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

Posted

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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

Thank you. What is the process if one wants to cancel the I-539 application if its still pending when H1b application is filed.

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Already answered.

My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action. My office offers free consultations. www.jrandolphlaw.com

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Posted

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.

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Posted

Thank you for your response. If her F1 visa is approved before filing H1, then there should be no issues right? How hard is it to cancel the I-539 application if its still pending?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Right

Posted

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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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