I am working for Employer A and got an offer from Employer B (direct hire) who is willing to apply for change of employer and extension petition in few days. My current H1B and I-94 are valid through Sept 15th 2018.
Considering the latest NTA policy by USCIS, attorney with Employer B is suggesting to file a petition in consular processing to avoid any NTA in case of denial. As per them, USCIS might issue NTA even for the petitions whose I-94 is about to expire. Is this correct?
Here are my questions:
1. If I go for consular processing of my H1B, and it went to administrative process (221g), am I eligible to apply for H4 based on my wife's H1B? If yes, will by H1B (which is under admin process) be void?
2. If my H1B is denied at consular processing, will I have issues with H4 stamping as well?
Thanks and appreciate your help!
I don't understand the attorney's reasoning. Your I-94 is expiring soon. Do you plan to depart before or after it expires?
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.
H1B change of employer with premium adjudicated within current I-94 validity will not result in NTA if denied.
One can always leave the US if the process is delayed.
1, the spouse of an H1 has H4 available (even if 221g for own H1)
2, should not
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline