Husband F1 to H1, wife F2 to H1 and H4 at same time

USA H1B Visa
1

I have unexpectedly run into a tricky situation.

I am on F1 [OPT] and my wife is on F2

My employer is filing for my H1 and my wife’s H4 this year.

My wife’s former emplyer from my country contacted her and told that he wants to hire her and file her H1 this year.

So if agree to do this, effectively, my wife’s H1 and H4 are going to be applied at same time.

I’m not sure whether and how this works. I am totally confused. What problems we might face ? What things we need to consider ?

I don’t want to risk the chance of getting her H4 as we want to stay together. h1 is not priority but would like to take a chance if there is no risk as her employer has reached out all by his own.

Can someone guide please ? Thanks a ton in advance!

2

There are 2 change of status questions here. F-2 to H-4 and F-2 to H-1. I suggest proceeding sequentially. First, convert from F-2 to H-4 so that the new status is secured. Now move toward the H-1B effort because it takes more time. Because your wife is dependent, she may not stay on F-2 when you are switching to H-1B; a H-4 filing is required and is safer.

Best wishes

Dr. Sandeep Shankar, Colorado Heights University, www.chu.edu, sshankarATchu.edu