Hi, My husband has changed his job in june . the company filled h1b transfer in normal processing but company said that they will file my (wife) visa transfer later. Till date my husband got his receipt number only but my visa transfer is not filled yet. Now my husband wants to upgrade his visa transfer in premium process. So can he do this without my being not filled yet?? Will it be okay or what will be the consequences?? Please suggest.
Yes, this can be done. Actually, there is no requirement to transfer your H-4. You can continue to stay inside US until your current I-94 expiration date. They can file for your H-4 extension through new employer when current I-94 is about to expire. As long as your husband manitains status w/ new emploeyr, you should be fine.