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akshaksha

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About akshaksha

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  1. Hi, I work as a postdoc in a research institute and currently hold H-1B visa (non-profit, cap exempt) affiliated with the university's Dept "x". My last date in Dept "x" is July 30, 2012, but I have another offer for a postdoc position in a different Dept ("Y"). in the same university. Since I am transferring from Dept "X" to "Y" in the same university, I have been told that my new Dept."Y" will file for an amended petition, rather than a new H-1B. Q1: If Dept "Y" files for amended petition before July 30(last date in Dept "x"), can I start working from August 1st if I had the Fed-ex receipt number? (Similar to how an H-1 to H-1 transfer works). Or, do I need to wait for the amended petition to be approved before I join the job. Q2: If my last date with Dept "X" is July 30, and Dept "Y" does not file for the amended petition until August 5th, then to maintain status during the 5 day gap I plan to do a COS from H-1B to H-4 (my husband is in H-1B status). If I pursue this, will Dept "Y" still be able to do an amendment petition on August 5? (To be sure, on August 5 my status would be, H-1B ended on July 30, and current waiting for H-4). Q3: In other words, do I have to be in H-1 status on the day of the amendment filing or can I be in a transition period (H-1B to H-4) COS pending on the amendment filing date. Thank you, Aksha
  2. akshaksha

    H1B to H4 while looking for job

    Thanks so much. That was very informative and I really appreciate the effort you put in. if I mail the COS application (from H1 to H4) on my last day of H1 status, what is my status from this day till the day I receive the USCIS receipt , which takes up to a month? Thanks again
  3. I am in H1B status and will end my job in the next few weeks. I am looking for new jobs and am also thinking of an H4 transfer to maintain my status (My spouse is on H1) My current employer is A My new employer is B 1. If I file a H1 transfer petition to employer B before my last day with employer A, can I stop working for employer 1 waiting for the H1 transfer decision? Say 7/31 is my last day at employer A, I file the petition to employer B on 7/15, will I be in legal status on 8/1 while I wait for my H1 transfer? 2. If not, and if I also concurrently apply for H1 to H4 transfer before 7/31, will I be in legal status on 8/1? On 8/1 I will have a H1 to H4 transfer pending and a H1 to H1 transfer pending. Thanks very much :-) Aakanksha
  4. akshaksha

    H1 to H4

    Can she quit after she sends the petition? The receipt takes weeks to come at times.
  5. akshaksha

    H1B to H4 while looking for job

    Hi all I have some urgent questions to maintain my status and would really appreciate your responses. I work for company A in H1B status with stamped visa and my employment is ending on July 31 and I want to maintain status while I look for new jobs. My spouse is on H1B with another company. Let's say I have my current job until July 31 1. If I apply for a petition to change my status to H4 today (July 2), can I continue to work in my current job on my current H1 until July 31st? 2. If I get a new job on July 15 with company B I will transfer visa from company A to company B.If July 31st is my last day at company A, will I be in valid immigration status after July 31st while I wait for my H1 transfer decision? 3. If I apply for H1 to H4 change of status today (July 2), and if I get a new job on July 15, can I submit another petition to transfer H1 from company A to B? I will be employed with company A on the day the petition is sent. 4. If the answer to #3 is YES, then can I have 2 petitions pending ie H1 to H1 transfer and H1 to H4 transfer? If yes, will I be able to withdraw the H1 to H4 petition once my H1 to H1 transfer is completed? 5. Generally speaking will I be in valid immigration status if I submit a change in status petition before my current H1 becomes invalid? Status would be "awaiting decision". Thanks so much in advance!
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