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Posted on 27 Apr 2011
Q.

Out of status H4 transfer with H1B

My H1B & wife's H4 (both stamped) expired on 11/19/10. My H1B extnsion was filed by my current comp & got apprvd on 1/6/11. Wife's H4 extnsion was not filed at the time. We later filed "I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS" for her H4 which was received by USCIS on 2/16/11 & is in "Initial Review" status. Our lawyer has suggested traveling to India before 5/17. I have a job offer from comp B who will transfer my H1B in premium processing. Since my wife's H4 is pending & she is out of status, can comp B file for my wife's H4 also as part of the same application as my H1B & if transfer is approved before 5/17, can my wife continue to legally stay in the US? Will this transfer cause any issues or raise any concerns when we go for stamping in future or when filing our GC

User's Location: Boston, Massachusetts, United States of America
Category: H1B Visa (Work Visa)
Posted on 27 Apr 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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