H4 to H1 Conversion

0 votes
asked Jul 4, 2015 in H4 by Kirti
Hi,

Please find the details of my case in details.

I came to US in July 2014 on H-4 with my husband. My husband's visa was due to expire in September 2014.
He applied for extension and got extension till Sep 2017.

Current i-94 and i-797 are valid till Sep, 2017.

I applied for H1-b Visa this year in April. My case got selected in lottery and got approved as well.
As per my information, I will be on H-4 till 30th of September.

My husband has to switch his job at this time. I am wondering if there is going to be any risk to my approved H-1b Petition due to this transfer.

I have three questions.

1. If my husband goes for a Visa transfer there is a possibility that my H-4 also gets transferred along with his H1-b.
I have read somewhere that USCIS will consider the visa that is approved in the last. My H1-b was approved in June 2015 and in case i have to transfer the H-4 along with my husband's H1-b then my H-4 will be the visa that is approved in the end, Will this pose any threat to my approved H1-b.

2. If there is no issues to my H-4 status till 30th of September will there be any issue if my husband's Visa gets an approval after 1st of October as he can't file in premium due to suspension of premium processing by USCIS.

Note: My husband's current employer will withdraw the petition as soon as my husband resigns from this company to join the new one..

3. If I don't get my H-4 transferred along with my husband's. If this is the case then will my visa status be legal till 1st of October?

Your help in this case will be much appreciated.

Thanks,
Kirti.

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