I am on an H1B visa right now for my employer (A) and my wife is here in the US on an H4. The validity of the visa is till Oct end 2016. I am now trying to get my wife’s H1 filed with the help of another employer (X).
At this exact time I have a job offer from another employer (B) who is now going to transfer my H1 and hence my wife’s H4 as well. This is going to happen before April 1st and not sure if the process would be completed before that.
The question that I have right now is, is there going to be an issue. Below are what I’m concerned of,
Since I’m going to file my wife’s H1, she needs to submit the details to support her stay right now in the US (H4) and hence submit my H1 details (I 797, I94, my last 2 pay stubs etc). I am preparing the petition but since I am going to move myself and my new employer would initiate my H1 and her H4 transfer, would this cause an issue ? I would not have all the latest details from the new employer so I cannot give the latest details(797, pay stubs) but then I will be moving before her visa is filed. If I do submit her H1 application by giving details of my old employer, would this cause her application to be denied up front ? (not even considered for lottery). If it gets picked up in lottery and if we get a RFE later on seeking my details I can definitely give those because at that point I would have all the latest details (from Employer B).Do I need to wait until (somewhere after 1st week of April) until I actually start the process of my job move. This might need me to convince my new employer to hold on to the job offer(not sure if they will agree to this as I have the offer already and waiting to start the process).Would all of this cause any issues to my H1 at all ?My query is a case which requires some explanation hence the long question. Please read through and let me know. I appreciate any help so as to make sure I do not end up jeopardizing any of our chances.