Applied for COS H4 after layoff, now got job after 35 days, new H1 or transfer old?

[visa_confused]

Hi,

Its been 35 days since I got laid off. Applied for COS to H4, as my wife is working, still working. Now got another offer. Will my old H1 be tranfered in my new employers name or the new employer needs to file a new H1. My old H1 was valid for another 2 years.

Also what is my current status? Am I on H1 or H4, while I wait for change of status. I have no idea whether my old employer cancelled the H1.

Please help.

[Attorney_20]

I recommend that you gather all of your documents and discuss your case with an experienced immigration attorney. You do not know when (or whether) the first H1B employer withdrew the approved H1B petition. Therefore, you cannot be sure if your request to change to H-4 status was filed timely (i.e., before your prior H1B status was revoked).

If your H-4 application was filed before the prior H1B was revoked, your new employer will have to file a new H1B petition requesting Change of Status from H-4 to H1B. In this situation, it would be prudent to wait until the H1B is approved before beginning work for the new company.

From your description, it sounds like your Change of Status request to H-4 is still pending. If a new employer is willing to sponsor you, they should file a new H1B petition (requesting Change of Status from H-4 to H1B) as soon as possible. You may also want to have the employer file the petition via Premium Processing for quicker processing. If the new employer's H1B petition is approved and your H-4 application is still pending, you should send a request to withdrawal the H-4 to USCIS. Again, it is critical that your H-4 Change of Status request was timely filed.

[visa_confused]

Thank you for your reply. This is really helpful. The H4 COS was filed timely and now I found a company which is willing to employ me and do a premium processing. Am confused whether they should file a fresh H1 or should file for a COS from H4 (because H4 would probably take more than 3 months from now) to get approved.

Pls help me...Thanks in advance.

[susmita410]

@visa_confused

I have undergone to the same situation.

I got laid off from Company A and the next day they sent a revoke petition to USCIS.

After 24 days I got laid off (note: revoke petition already sent from Company A), my husband has filed for COS from H1 to H4.

While my H1 to H4 is in progress, I got offer from company B.

Company B lawyer suggested to revoke my H1 to H4 peition, but I did not do because if something goes wrong with H1(Company A) to H1 (Company B) transfer I will be out of status.

Company B has filed H1 transfer from Company A to Company B in premium processing while my H1 to H4 COS is still in progress. Also Company B did not state in my H1 petition anything about H1 to H4 COS.

I got an RFE and that is related to my pay stubd, W2 and company tax returns etc.,

Before my Company B lawyer replied to RFE, my H1 to H4 COS got approved and new I4 is attached.

Then my Company B lawyer responded to RFE and I got H1 approval for Company B but no new I94 attached.

So my current status is H4 and in order to work for Company B I have to go for stamping.

I was suggested the same way as Murthy lawyer suggested, by some other immigration lawyers whom I worked earlier. As company B was not willing to do H4 to H1 COS rather H1 to H1, I accepted for H1 to H1 transfer.

I would prefer H4 to H1 COS for new company. Also talk to a good Immigration Lawyer regarding your case.

[susmita410]

I guess why company B was not interested for H4 to H1 -> To work, I have to wait until my H4 to H1 COS is approved. Rather if they file for H1 to H1 I can start to work on receipt.

But down the road I have to stop working after I got H1 approval with no new I94 for company B.

Hope my experience helps you in taking a right move.

[visa_confused]

Susmita - Thanks for sharing your experience. My case could follow the same route. I had a question though, you mentioned, in your case, Company A revoked your H1 immediately after the layoff, in that case how was company B able to do a transfer of H1 to H1?

Also would you know what will happen if instead of a H1 to H1 transfer, a fresh H1 is filed. Will that give me the remaining portion of my H1 or a fresh 6 yrs? Also what could be the possible issues with my H4 COS still going on. If a fresh H1 application is filed, will it be prudent to have the attorney file for a H4 COS revoke or I can't do that (risk of going out of status)?

Thanks in advance...

[kp1180]

Susmita - Thanks for sharing your experience. My case could follow the same route. I had a question though, you mentioned, in your case, Company A revoked your H1 immediately after the layoff, in that case how was company B able to do a transfer of H1 to H1?

Also would you know what will happen if instead of a H1 to H1 transfer, a fresh H1 is filed. Will that give me the remaining portion of my H1 or a fresh 6 yrs? Also what could be the possible issues with my H4 COS still going on. If a fresh H1 application is filed, will it be prudent to have the attorney file for a H4 COS revoke or I can't do that (risk of going out of status)?

Thanks in advance...

Visa_confused,

 

I am in similar situation like you. Can you share your experience. (1) Does your H1B approved before H4 with new I94?(2) what did you did with your pending H4 , did you canceled?

 

Thanks in advance.

KP

[jairichi]

Visa_confused,

 

I am in similar situation like you. Can you share your experience. (1) Does your H1B approved before H4 with new I94?(2) what did you did with your pending H4 , did you canceled?

 

Thanks in advance.

KP

You are asking for an answer from a post from Feb 2011?