H1-ext & H4 approved simultaneously


Vijay_PDX

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Hi there,

My brother was on H1 Visa, which is Valid till Sep 1st 2018.

He lost his job in Nov'2017 and could not get new job during the H1 unemployment period . He filed for "H1-to-H4 Change of status" application in Jan 2018. However, by April 2018, he got job in a different company. The Attorney of this company filed for "H4-to-H1 Change of Status" application, which was approved in June 2018. However, his initial "H1-to-H4 Change of status" (applied in Jan 2018) got approved last week (July 2018).

 

Though he has got H4-to-H1 COS approved and got H1-B extension as well, his "H4-to-H1 Change of status" was the latest to get approval. His attorney says the easiest and fastest way for him to be on H1B is to travel to some other country (preferably Canada or Mexico) and come back with H1B status. Can you please suggest  any other way to to activate his status on H1-B, instead of international travel? He is not going out to get a new H1B stamp on his passport from US consulate, he is only visiting and coming back for H1B status on new I797. I am highly paranoid considering his current H1-B is valid only till 1st Sep 2018.

 

To summarize:

Current H1 is valid till:   1st Sep 2018

My brother lost job in:   Nov 2018

He applied for H1-to-H4 Change of status on:                             Jan 2018

New company's "H4-to-H1 change" application approved on:  June 2018

His "H1-to-H4 Change of status" application approved on:       July 2018

 

Any inputs are highly appreciated.

 

Thanks & Regards

Murthy

 

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22 hours ago, ksnmurthy said:

Hi there,

My brother was on H1 Visa, which is Valid till Sep 1st 2018.

He lost his job in Nov'2017 and could not get new job during the H1 unemployment period . He filed for "H1-to-H4 Change of status" application in Jan 2018. However, by April 2018, he got job in a different company. The Attorney of this company filed for "H4-to-H1 Change of Status" application, which was approved in June 2018. However, his initial "H1-to-H4 Change of status" (applied in Jan 2018) got approved last week (July 2018).

 

Though he has got H4-to-H1 COS approved and got H1-B extension as well, his "H4-to-H1 Change of status" was the latest to get approval. His attorney says the easiest and fastest way for him to be on H1B is to travel to some other country (preferably Canada or Mexico) and come back with H1B status. Can you please suggest  any other way to to activate his status on H1-B, instead of international travel? He is not going out to get a new H1B stamp on his passport from US consulate, he is only visiting and coming back for H1B status on new I797. I am highly paranoid considering his current H1-B is valid only till 1st Sep 2018.

 

To summarize:

Current H1 is valid till:   1st Sep 2018

My brother lost job in:   Nov 2018

He applied for H1-to-H4 Change of status on:                             Jan 2018

New company's "H4-to-H1 change" application approved on:  June 2018

His "H1-to-H4 Change of status" application approved on:       July 2018

 

Any inputs are highly appreciated.

 

Thanks & Regards

Murthy

 

Best option is step out of the country and come back. Or else go through the whole process again H-4 to H-1.

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