My change of status from H4(valid till 19th Sept,2016) to H1B(valid till 31st Sept,2016) is in process. Meanwhile my husband got offer from another company and he wants to do change of employer. As of now my H4 is tied with his H1B with his current employer. Is there any chance that his H1B transfer from his current employer to the new employer can impact my change of status from H4 to H1B?
Your attorney that prepared and filed the FORM I-129H petition on your prospective's employer's behalf can explain to you the consequences of your spouse changing H-1B employers. As long as you were in status at the time of filing and the H-1B visa is available then you should not be concerned. I still will suggest that you contact your attorney who has access to more information about your case.
I agree with my colleague. Specific dates and events must be considered before a meaningful response can be given. Best to consult with an attorney.
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. You are encouraged to seek independent and private counseling for a complete review of your case.
Timing is very important here. Assuming, your contemplated H1B is not subject to a cap, you may expedite your COS by paying for the premium processing. Thus, you will receive your status independent of your husband's before he changes the employer. If, for whatever reason, his COS is denied while your application is still pending, you may find yourself out of status and will have to travel abroad to get your H1B visa.
Nothing in this post shall be construed as a legal advice. This information is transferred without an intent to create an attorney-client relationship. If you need a consultation, please use a contact form on my site www.globalpracticegroup.com/contact
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