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classic_fan
01-30-2014, 01:41 AM
My wife and I have been living in two separate cities (Detroit and Denver) for the last 5 years because of our jobs, H1b visa, and pending GC applications. We spend every other weekend together by flying between the two cities. Because of several issues, neither of us has been able to find a job in the same city. We both work full-time for American companies in non-IT roles. My wifeís GC priority date is EB2I Oct 2010 and mine is EB2I Aug 2011 (both in 7th year of H1b).

Weíre both at a point where we need normalcy in life, stay together, so we can start a family. I have now found a good job in Seattle and will be relocating there next month. My new employer will transfer my H1b visa and re-start the GC process. Both my wife and I came to US to earn our Masterís degrees (non IT) and want to maintain our work authorization. Based on my limited understanding, my wife has the following three options:

A. Find an employer in Seattle who will transfer her H1b and restart her GC process: This is the ideal option and we continue to work on it (unsuccessful so far).

B. Find an employer in Seattle who will transfer her H1b (ignore GC). Her currently approved I-140 will get her a 3-year H1b extension. Hopefully, in the next three years my Aug 2011 priority date will become current and we can get EAD. That will allow her to continue her employment even after her H1b expires.

C. Find a consultant in Seattle (run payroll), transfer H1b to consultant, and keep looking for a full-time job. This option will allow her to move to Seattle immediately, and then she can keep looking for another employer (without losing her work authorization). Iím not sure how this option works as Iíve only read about this possibility from online forums.

Are all of the above valid options? Do we have any other options to keep her work authorization active?

deecha
01-30-2014, 02:52 AM
There is no explicit work authorization in H1 status.

It may be another 4-5 years before PD becomes current. Till that point, either one of you has to maintain H1B and the other can be H4.

Best bet is to convert her to H4. When she gets a job that sponsors H1, she can convert back to H1 from H4. Less stress.


My wife and I have been living in two separate cities (Detroit and Denver) for the last 5 years because of our jobs, H1b visa, and pending GC applications. We spend every other weekend together by flying between the two cities. Because of several issues, neither of us has been able to find a job in the same city. We both work full-time for American companies in non-IT roles. My wifeís GC priority date is EB2I Oct 2010 and mine is EB2I Aug 2011 (both in 7th year of H1b).

Weíre both at a point where we need normalcy in life, stay together, so we can start a family. I have now found a good job in Seattle and will be relocating there next month. My new employer will transfer my H1b visa and re-start the GC process. Both my wife and I came to US to earn our Masterís degrees (non IT) and want to maintain our work authorization. Based on my limited understanding, my wife has the following three options:

A. Find an employer in Seattle who will transfer her H1b and restart her GC process: This is the ideal option and we continue to work on it (unsuccessful so far).

B. Find an employer in Seattle who will transfer her H1b (ignore GC). Her currently approved I-140 will get her a 3-year H1b extension. Hopefully, in the next three years my Aug 2011 priority date will become current and we can get EAD. That will allow her to continue her employment even after her H1b expires.

C. Find a consultant in Seattle (run payroll), transfer H1b to consultant, and keep looking for a full-time job. This option will allow her to move to Seattle immediately, and then she can keep looking for another employer (without losing her work authorization). Iím not sure how this option works as Iíve only read about this possibility from online forums.

Are all of the above valid options? Do we have any other options to keep her work authorization active?

classic_fan
01-30-2014, 03:16 AM
Deecha, thanks for your reply.

We're trying to maintain her H1 status so when she finds a new job, she can just transfer her H1b visa to the new employer (cap exempt).

If she changes her status to H4, and later finds a new job, can she change her status back to h1 as cap exempt? (she is in her 7th year of h1b).

Once again, thanks so much for your advice.






There is no explicit work authorization in H1 status.

It may be another 4-5 years before PD becomes current. Till that point, either one of you has to maintain H1B and the other can be H4.

Best bet is to convert her to H4. When she gets a job that sponsors H1, she can convert back to H1 from H4. Less stress.

classic_fan
02-04-2014, 06:49 PM
Any advice from other senior members? Thank you so much in advance.

apoojo
02-04-2014, 11:48 PM
Classic_fan - my suggestion would be to have your wife transfer to H4 and move to Seattle. Once she finds another job, transfer back to H1.

If you move from H1 to H4, you can go back to your original H1. We did the same for my wife - her 140 was approved, she was 6 years into H1 and had a 3 year extension. She quit, went on H4 and after 3 months went back to H1. The previous company did not cancel her 140, so she got another 3 year H1B visa.

The only gray area here is if your wife's employer revokes her 140 does she get a 3 year extension when she applies for her H1 from H4 (assuming she is past her 5th year). I think you do.... but check with a lawyer. But the H1 to H4 to H1 is very much possible (and was done in my case).

Good luck!