H4 to H1 and H1 Transfer


Sree001

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Hello, 

Could you please guide me what is my current visa status?

I was on H4 when my H1 was filed by employer A (with COS). H1 got approved Jan'2017 (with I-94 attached) when H4 extension is in-progress. I applied for H4 withdrawal in 15Feb'2017 while H4 got approved 28Feb'2017. H4 attorney says my current status is H4 . After couple of days USCIS website shows my H4 case was reopened. 

1. Can i transfer H1 to a new employer B ? I didn't start work for employer A yet. So, i don't have paystubs.

2. What should i do if i want to continue to stay on H4? (should i ask my H1 employer to revoke h1 or can i hold two active petitions)

Thanks a lot!

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On 3/19/2017 at 6:42 PM, Sree001 said:

Hello, 

Could you please guide me what is my current visa status?

I was on H4 when my H1 was filed by employer A (with COS). H1 got approved Jan'2017 (with I-94 attached) when H4 extension is in-progress. I applied for H4 withdrawal in 15Feb'2017 while H4 got approved 28Feb'2017. H4 attorney says my current status is H4 . After couple of days USCIS website shows my H4 case was reopened. 

1. Can i transfer H1 to a new employer B ? I didn't start work for employer A yet. So, i don't have paystubs.

2. What should i do if i want to continue to stay on H4? (should i ask my H1 employer to revoke h1 or can i hold two active petitions)

Thanks a lot!

You cannot hold 2 active status. Based on your latest approval you are in H-4 status.

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