needimmihelp12 Posted October 21, 2014 Report Share Posted October 21, 2014 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 Link to comment
jairichi Posted October 22, 2014 Report Share Posted October 22, 2014 Date of revoking has no role here. 1. You are fine. 2. Yes. There are times when USCIS does not withdraw your COS to H4 application. In that case just exit and enter US with a valid H1B visa and I797. Travel leads to abandonment of COS. Link to comment
needimmihelp12 Posted October 22, 2014 Author Report Share Posted October 22, 2014 Thanks Jairichi, I have a h1 visa stamp till Sept 2014. If i exit and try to re enter would I be able to use same stamp or i would need a new visa stamp? Link to comment
sampitroda Posted October 23, 2014 Report Share Posted October 23, 2014 You will need a new stamp Link to comment
jairichi Posted October 24, 2014 Report Share Posted October 24, 2014 Thanks Jairichi, I have a h1 visa stamp till Sept 2014. If i exit and try to re enter would I be able to use same stamp or i would need a new visa stamp? Since visa has expired in Spe 2014 you will need a new one. Link to comment
needimmihelp12 Posted October 24, 2014 Author Report Share Posted October 24, 2014 Sorry I meant to say I have a stamp till sept 2015. Link to comment
jairichi Posted October 25, 2014 Report Share Posted October 25, 2014 Sorry I meant to say I have a stamp till sept 2015. In that case you can travel with existing valid visa. Link to comment
needimmihelp12 Posted October 28, 2014 Author Report Share Posted October 28, 2014 Thank you soo much jairichi Thanks for all help. Link to comment
needimmihelp12 Posted November 5, 2014 Author Report Share Posted November 5, 2014 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 Link to comment
jairichi Posted November 6, 2014 Report Share Posted November 6, 2014 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. Link to comment
needimmihelp12 Posted November 7, 2014 Author Report Share Posted November 7, 2014 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.. Link to comment
jairichi Posted November 7, 2014 Report Share Posted November 7, 2014 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. Link to comment
JoeF Posted November 7, 2014 Report Share Posted November 7, 2014 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. Link to comment
needimmihelp12 Posted November 7, 2014 Author Report Share Posted November 7, 2014 My H4 COS was filed on 16th Oct, was laid off on 10th Oct. Pay stubs are till 15th of Oct. Link to comment
jairichi Posted November 8, 2014 Report Share Posted November 8, 2014 My H4 COS was filed on 16th Oct, was laid off on 10th Oct. Pay stubs are till 15th of Oct. You are fine. Link to comment
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