My husband’s H1B was expired on June 2019 and he is in India from Feb 2019 to till date for medical treatment. He has approved I140 from his current employer. Now his current employer is planning to file an H1 Extension but they do not have a client letter to file and they are not moving forward.
Now what are my husband options to enter into USA? need some suggestions
a)can a new employer file H1B extension/transfer? if yes how much time it takes ? does his I140 also needs to approved with new employer?
b)If option a is not possible, can my husband come to h4 to USA as i have H1B valid and change to H1 here ?
a) Yes, they can file it based on the H1B as well as approved I-140. Either can be used. No need for I-140 approval from new employer. As long as you have one I-140 approval and it is not withdrawn for over 180 days, then you can use that for getting 3 year extensions/ transfers.
b) Yes, that is also an option to enter US on H4 and then apply for H1B using Change of Status in US.
Client letter is an important document and pretty much required for most of the cases, if you are in consulting…In fact, they ask for more detailed job duties besides the client letter…So, applying for Extension or transfer can be risky, and going for stamping is also risky…