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Immigration Issues/H1-B Transfer - Wife's H4 to F1 COS Pending


I work for a big 4 consulting firm and transferring my H1-B to a client (a 2 Billion dollar american company).......I'm planning to join my new company only after the visa has been transferred questions are:

1.) If the transfer is rejected, can I work for my current employer (assuming I dont resign)

2.) My wife's on H4 and recently applied for COS from H4 to F1 - Do I need to file for her H4 transfer also or not?

Not sure what's the effect of H1 transfer on wife's pending H4 to F1 application.

Need help ASAP. Thanks a lot.

Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Smuggy:

1)  Yes.

2)  No, you do not *need* to file for her to become an H-4. There is no obligation for her to go back to H-4 status.  The real issue is whether she wants to be a full-time student or not.

By the way, if you are transferring over to a large US company, and if they are taking care of your H-1B transfer case, then why aren't they answering your questions?

Clients need to demand that attorney representing corporations bone up to their duty to also advise and serve the needs of the individual workers who do the hard work of the corporation.

My two cents.

Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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