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Immigration Issues/h1 transfer part-time job

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Question
QUESTION: Hi Ajay,

I was previously on H1b with my company and my last day was 15th July.I have already applied for my F2 visa and it is on pending status. Now I have a job offer.

Can I apply for H1-B transfer while on F2 pending status?

How soon can I apply for an H1B-H1B  transfer?

How soon can I start, or do I have to wait for my H1B approval to come.


Thanks in advance

Firdosh

ANSWER: Hi Firdosh,

The new employer can file H1B petition now requesting extension of H1B status, without waiting for F2 status to be granted. If F2 status is granted before the new employer has the opportunity to file the H1B petition requesting extension of H1B status, then the employer will file the H1B petition requesting change of status from F2 to H1B.

However, since you have already discontinued employment with the previous H1B employer, you must wait until H1B petition filed by the new employer is approved granting either change of extension of status until you can start working for the new employer.

---------- FOLLOW-UP ----------

QUESTION: Hi Ajay,

Can you please let me know the checklist of documents required to apply for h4 visas. I have previously applied for F2 visa, but it is still pending. My spouse is on OPT and has received her H1 approval.

Thanks so much

Firdosh.

Answer
Hi,

Application to change status to H4 should be filed with the USCIS. Typically it would be shown that the principal spouse has H1B status, that the applicant is maintaining his or her status as well, and the relationship (marriage certificate).

You can email our law firm at info@h1b1.com for additional guidance, since we cannot put a list of documents in a forum that may or may not be applicable to any particular scenario.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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