H1b Laid off > h4 under processing > new offer H1 applied

[Sreejn]

Hi ,

I was laid off on H1b, this was my 3'rd H1b i.e beyond 6 years with I-140 approval and I also have a H1visa stampon PP from a consulate.

I have applied a H4 petition based on my wife's H1B. Now I got a job thru a consulting company with a firm offer/project from a fortune company/client and client is also providing a client letter.

My question is : will I have to file a with draw petition for H4 to get H1approved or just need to provide the H4 receipt # and that will take care of it ?
 

Also, will I have to get a new stamping again or will my old stamp for H1B (which was given till 2016 oct) can be used in case of travel outside united states.

 

Thanks.

[jairichi]

Employer has to file a cap exempt H1B petition along with COS to H4 receipt notice. Once H1B petition is approved you could request for withdrawal of COS to H4 petition or exit and enter US with current valid H1B visa and I797 (this will lead to abandoning COS to H4). You can start working for employer only after H1B approval.

[Sreejn]

Thank you Jai Richi, you have answered exactly what I was looking for.

 

I found the same with my investigation on various forums  but the only point I was  wondering for was - why should I wait till H1 approval to work and why cant I work with reciept # in hand as we usually do in general h1 to h1 transfers ! ?

 

Please advise.

[jairichi]

Thank you Jai Richi, you have answered exactly what I was looking for.

 

I found the same with my investigation on various forums  but the only point I was  wondering for was - why should I wait till H1 approval to work and why cant I work with reciept # in hand as we usually do in general h1 to h1 transfers ! ?

 

Please advise.

Because you are no longer on H1B status. Only when you are currently on H1B status you can move to a new employer based on H1B receipt notice.

[Sreejn]

Hi Jai Richi - can you guide me thru the process how to apply for with drawl of H4 petiton? If only a letter will suffice, may I request you to provide a sample in case you have one ! ?

[jairichi]

Hi Jai Richi - can you guide me thru the process how to apply for with drawl of H4 petiton? If only a letter will suffice, may I request you to provide a sample in case you have one ! ?

It is just a simple letter addressed to USCIS to withdraw your COS petition.