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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28676
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have immigration question regarding my case: 1.

Customer Question

Hi,
I have immigration question regarding my case:
1. Entered USA in Feb-2012 on H1B visa through Employer A.
2. Got married in Feb-2014. Spouse entered USA in March-2014 on H4 visa.
3. We have applied for H4 to H1b converstion for my spouse in April-2015 and the case was picked in the lottery in April-2015. Case is currenlt in
process with USCIS.
4. Now, I am changing my empoloyer ( Employer B ). Employer B has initiated our H1B and H4 visa transfer. Both are in process with USCIS.
As currently my spouse has two petitions filed with USCIS ( one for H4 to H1B conversion , and H4 transfer), will there be any issues for my spouse H1B or H4 visa.
Thank you
Regards
Pradeep
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 2 years ago.
Hello Pradeep, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
Your attorney has not clearly explained the process they are doing for your wife.
There is no such thing as an H4 "transfer". Only H1B has a change of employment (it is not a "transfer"). What is being done for your wife would be extending her H4 status to run consistently with your dates of extension of stay as an H1B for the new employer.
Extending her H4 with her pending H11B is not a problem because her change of status would not become effective until 10/01/15 and she has to remain in valid H4 status during the interim. Here extension of stay will be approved before her change of status takes effect.
No issues here for her.
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Judith

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