Documents for H1 B Filing

USA H1B Visa
1

I had initially filed the Form I-539 from H-4 to F-1 on Dec 2014 that has been denied on 30th Dec 2015(H-4 validity Sep 30th 2017). In this way, I have submitted the Form I-290 B in support of the Motion to Re-open the case and have received a receipt notice dated 01/14/2016.

In the meanwhile, my spouse got an offer with employer B and got transferred on Feb 2015 which is valid till Sep 30th 2017(same validity like the previous petition). However, she didn’t applied H4 for me since my petition (H4 to F1) was pending at that time.

Please support with your expert answer for the below questions:

I am planning to apply H1 B 2017, so while documentation would I be able to utilize previous approved H4 petition. (I think previous employer might revoke the petition).If not, what sort of documents I need to use for filing.

2

You can submit copy of your current H-4 I-94 as proof of status while applying for H-1 petition.

Your H-4 is tied to your spouse H-1 and not to the employer. As long as H-1 holder is maintaining status by having valid 797 and getting paid, you are considered in status. Your I-94 is what should matter and yours is valid till Sep 2017.

3

Thank you so much Saurabh and one more thing my spouse didn’t even apply H4 for our kids. Previously they also have the same validity period (Sep 2017), so is it required to file H4 for them.