H1B to H4 while looking for job

[akshaksha]

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!

[JoeF]

Prepare the COS to H4 application and file it when the layoff happens.

A new employer can file an H1 for you at any time. If the COS to H4 is still pending at that time, it should be withdrawn.

[wiweq]

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?

=> Unfortunately, on COS form I539 there is no date to start the COS. So, better to file the COS on the day of termination of job.

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?

=> As soon as you file COS you are counted as 'in status'. You can use COS receipt to file new H1b. If the case COS failed you will be counted out of status from the date of last in-status date, if another extension or COS is not in process. Your new H1b can be filed using COS receipt and you will be start working again once it is approved. Once H1b is approved, you need to send a letter to USCIS to cancel the COS to H4 by using the copy of new I797.

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.

=> You can't apply COS today with future date, you need to wait till the last date of job. H1b to H4 COS takes 1 month for receipt and 2-3 months for decision. You can't file the H1b petition; your new employer will file your new petition for you using your last 2-3 paystubs of your previous employer and receipt of COS. This will prove that you were in-status in last 2-3 months stay in US.

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?

=> Yes, multiple petitions can be filed at a time. Search for 'USCIS last action rule'. You will be in the status of the last approved status. Once your new H1b is approved, you need to cancel the H4 application.

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".

=> Awaiting status is considered as in-status for immigration purposes and receipt can be used to prove that you are in-status. Though, actually you are in transition status.

More doubts/ questions; let us know.

This is the link for COS form I539: http://www.uscis.gov/files/form/i-539.pdf

[akshaksha]

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

[wiweq]

"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?"

=> You will be tentatively "in status". Once your COS is approved, you will be counted 'in-status' from the date of filing. In the case if COS fails, you will be out of status from the date of filing.

Spending more than 180 days out of status would create further immigration problems including ban to enter in USA for 6/10 years.

[nightshade]

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? 

Line things up to file your H4 COS (paperwork, lawyers etc.), but file it a day before or on the last day of employment on H1. 

 

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?

Yes, you will be in status, since you filed the H4 COS before your H1 status ended. You will need to send proof of your H4 petition receipt with your new H1B petition.

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. 

This doesn't apply since you can only file H4 COS on your last day on H1 with the current employer. 

 

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? 

Yes, you can file concurrent petitions. Either withdraw the H4 after your new H1B is approved, or request withdrawal of the H4 along with your new H1B petition (if you're okay with doing both things at once). You will have to wait until your new H1B is approved (and the H4 is withdrawn) for you to start working for the new employer.

 

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".

Yes, "awaiting decision" is typically considered as in status for immigration purposes. For example, during a regular H1B transfer, you can typically start working for your new employer with your receipt notice (while you're awaiting the decision). 

[CuriousRaje]

COS status(H1 to H4) Pending: Now got new Job employment

 

Hi,

 

I applied for change of status from H1 to H4 in May month and I got Receipt Notice about COS.

I applied for COS along with my spouse  H1-B extension.

 

Now I got new employment offer in different location and I need to join in 2 weeks.

 

What should I do now to join in new job. 

 

Please suggest?

 

 

P.S:

1. Received suggestion that I need to send a letter to withdraw to USCIS.

Then employer will go for LCA and Amendment.

2. Received another suggestion to just file LCA and have new H1B to be filed by employer.

 

Don't know what is the best approach. Please suggest.