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I have immigration question regarding my case: 1.

Customer Question
Hi, I have immigration question regarding...
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: 3 years ago.Category: Immigration Law
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Answered in 27 minutes by:
5/29/2015
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,051
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
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.
I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith
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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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