Immigration Issues/Out of Status on H4


   Thanks for your quick response. Just one more issue is I am planning to change my employer some time next month. Will it cause any issues while my wife's H4 processing is going on? Like when I file for my wife's H4 processing I will use my current employer as petitioner and by the time the petition comes for decision at USCIS I would be with a different employer. DO you think it will be an issue?

Best regards,
The text above is a follow-up to ...

   I recently moved from L1 to H1 from Oct 1st 2006. I asked my employer to file for transfer of my wife's status from L2 to H4 in Sep 1st week and gave all the documents to him. Now after 1 month when I asked for the status of the transfer he is saying that his attorney goofed up and he did not file :( Now technically my wife is out of status from Oct 1st to till date (26 days). Now I spoke to one attorney here and he says he can file for H4 transfer based on C.F.R 214.1 which states that if a person is in out of status due to unavoidable circumstances status can be granted. But the attorney says it is not 100% but there is a very good chance of getting transferred to H4.
    Now due to think it is worth to take the risk and apply for H4 no? Say if the petition is denied will she be out of status during the time her petition is under process? Or is it better to go back to India and go to a consulate for H4 stamping?

Thanks for your time.

I would apply for it, but watch the clock.  The immigration are pretty quick on such matters, and should have it done within 90 days.  However, you would not want her to be here in "illegal" status for more than 180 days without a very clear statement from the authorities that it is ok.

Yes. You will need to re-apply for your wife, and this may cause problems in regards to your time frame.

Make sure to raise this issue with the lawyer handling your paper's and make sure they understand your wife's problem.  It shouldn't be too bad, but you don't want another mistake.

Immigration Issues

All Answers

Answers by Expert:

Ask Experts


Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

©2017 All rights reserved.