Laid off H1 to h4 COS


needimmihelp12

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Hi All,

 

I was laid off on 10th Oct when on h1b and that was my last day. I came to know about the layoff on the same day as it was mass reduction in force so there were no heads up or notice. My spouse is on h1 visa so started the process of H1 to h4 COS with her employer's immigration department on the same day. 

 

They ended up filing h4 COS application on 16th Oct. I did everything i could to stay in status in good faith, but this process takes time (emails, singing documents preparing application etc). 

 

My ex employer will not revoke h1 for a month and I know this has nothing to do with not being out of status based on all reading and research, I know I was out of status for few days from 11th of Oct. 

 

I am looking for a job actively and may have an offer within 2 weeks depends on how quickly they move.

 

I had a discussion with my ex employer's Immigration department and they mentioned if i find a employer within 1-2 months i can be able to do h1-h1 transfer and withdraw h4 COS, and i need to send H4 COS receipt with h1 transfer application.

 

so my questions are:

 

1. Will i have any issues in future VISA transfers and statuses as i was out of status for few days.

2. If I find new employer with 2-3 weeks from now. Will i be able to do h1-h1 transfer and withdraw h4 COS either separately of with same application? (on my last pay stub ending pay period is 15th Oct.)

 

Thank you for helping me out.

 

Regards

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  • 2 weeks later...

Update on my case.

 

I have a new job offer and they are ready to file LCA and h1 transfer. I was laid of on 10th Oct and my h1 is withdrawn on 19th of October by my ex employer. I have a pending H1-h4 COS application pending with receipt #.

 

1. Can my new employer still try and attempt h1-h1 transfer with h4 receipt # to withdraw the application.

2. Or should they attempt h4 to h1 COS? what are the chances of h1-h1 transfer rejection?

 

Regards

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Update on my case.

 

I have a new job offer and they are ready to file LCA and h1 transfer. I was laid of on 10th Oct and my h1 is withdrawn on 19th of October by my ex employer. I have a pending H1-h4 COS application pending with receipt #.

 

1. Can my new employer still try and attempt h1-h1 transfer with h4 receipt # to withdraw the application.

2. Or should they attempt h4 to h1 COS? what are the chances of h1-h1 transfer rejection?

 

Regards

 

Let employer file a cap exempt H1B petition. Once approved request USCIS to withdraw COS to H4 petition. If USCIS does not withdraw it just exit and enter US with a valid H1B visa and new I797.

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Thank You Jairichi

 

This cap exempt petition would be H1 to H1 transfer? or new H1 cap exempt petition? Would employer be able to request i94 as well? or would it be counselor processing?

 

Thanks for your help..

It will be based on your pending H1B to H4 conversion. If your COS to H4 was timely filed you will get your H1B I797 with an I94. Once approved request USCIS to withdraw COS to H4. If not just exit and enter with a valid H1B visa and new I797.

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Thank You Jairichi

 

This cap exempt petition would be H1 to H1 transfer? or new H1 cap exempt petition? Would employer be able to request i94 as well? or would it be counselor processing?

 

Thanks for your help..

 

An H1 transfer is just a new cap-exempt H1 petition. Always.

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