H4 Premium Processing

[goodluck123]

What is the name of your state? NJ

I need to change my status from H1B to H4. Can this H4 application be filed using premium processing?

Thank you for advises.

 

[ImmigAttyLana]

No, this is not possible. What is such a rush? Just file for the change of status or if you absolutely need to have the new status right away (I cannot imagine why that would be), you can depart the US and reenter in H-4 status once you get the H-4 visa.

 

[goodluck123]

Lana,

Thank you for the reply. The reason for such a rush is that I am on H1B but I need to change to H4 status due to company's financial situation. I heard that it usually takes three months or even longer to get the approval notice of changing status to H4. And during these few months, I may find a new job and apply to H1B again.

So some confusion rose. If in H4 pending, I can’t work until the new H1B get approved, right?

If the answer to the above question is correct, then I will use H1B premium processing in order to be able to work earlier. But in this situation the H4 may get approved later than the new H1B, will I become a H4 holder again? Is there any way to make sure the new H1B take precedence than the H4?

Thank you so much for answering my questions.

 

[ImmigAttyLana]

No usually, if one petition is pending while you file for a new change of status, you indicate that and one is adjudicated before the next one is.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[goodluck123]

No usually, if one petition is pending while you file for a new change of status, you indicate that and one is adjudicated before the next one is.

Thank you, Lana. But I don't quite understand your meaning. Did you say that if one petition was pending (H4 pending) while I filed for a new change of status (H1B), the new one was finalized as my status, i.e. the H1B would be my status?

But how about the H4 get approved later than the H1B application, though H4 petition is filed early?

I appreciate your time and help.

 

[ImmigAttyLana]

No, what I was saying is that if the H-4 is pending and you file for the H-1B, indicating that you have a pending H-4 COS, the H-4 would be adjudicated first or reviewed at least and then the H-1B would be adjudicated. You would need to make sure you explain that the H-4 is still pending so that the scenario you describe does NOT occur.
Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[ruby99]

H4 query

Recently I applied for my change of status from H-1B to H-4(applied thro'my husband's current employer). My H-4 application is pending. Please let me know can my husband change his job while my H-4 application is pending? Can I also apply for new H-4 thro' my husband's new company while my current H-4 application is pending?

 

[ImmigAttyLana]

Yes, your husband can get a new H-1B employer while your H-4 is pending and you don't need a new H-4 just because he changes jobs. Your H-4 status is based on your spouse's STATUS as H-1B and NOT on the particular employer.

 

[ruby99]

Thanks for the quick response and clarification.

 

[rnapII]

Hello Lana,

I was just surfing through these postings. I think you are doing amazing work.

 

[sshari_s]

We are in a similar situation .. im planning on applying for my wife's H1 to H4 COS based on my H1. Can she quit her job as soon as we apply for the H4 COS and its pending? or do we have to wait till the H4 COS is approved before she can quit the job.