H4 TO H1 TRANSFER

[pritamde]

Hi,

I am on H4 and currently in United States and my visa is stamped (i94 is valid upto 11th july 2021). My employer is filing for my H1 with COS. However with the current situation of COVID-19, the project for which I was interviewed may be closed by the time my visa is approved. So if the company does not hire me after my COS to H1. What will be my status? Will it be out of status?

If yes, what should I do to stay in US.

If I go out of the country and return back with my current H4 stamped visa, will my status be changed back to H4? 

As I already have H4 stamped which is valid till July, 2011, I do not have to go for H4 stamping if I wish to stay in USA with H4 status? Right?

[realhyd]

If your new employer can't provide work for you, i.e. provide paychecks, you would be out of H1 status, which means you would have to do a COS ( Change of Status ) to H4 to continue to live in the US. 

If for some reason you would have to leave the country, you will have to get back with a valid visa, which I presume will be your already valid H4. I guess you meant to say that your visa valid until July 2021?

[User099]

7 hours ago, pritamde said:

Hi,

I am on H4 and currently in United States and my visa is stamped (i94 is valid upto 11th july 2021). My employer is filing for my H1 with COS. However with the current situation of COVID-19, the project for which I was interviewed may be closed by the time my visa is approved. So if the company does not hire me after my COS to H1. What will be my status? Will it be out of status?

If yes, what should I do to stay in US.

If I go out of the country and return back with my current H4 stamped visa, will my status be changed back to H4? 

As I already have H4 stamped which is valid till July, 2011, I do not have to go for H4 stamping if I wish to stay in USA with H4 status? Right?

If you apply for a H1 and if its approved and you don't have a job (I doubt it will be approved with no Client letter or SOW/PO), then you will have to apply for a COS to H4 again or travel and come back using your H4 visa.

If you apply for H1 and its not approved, you will be on H4.

[gopalakrishnach]

In order for H1B status to be active the main thing is your employer must pay you. It do not depend on your project. But during your H1B processing if USCIS wants to know about your work/project and if they do client site visit or ask for client documents then it will be difficult. But once H1B approved your status depends on your employer pay not project.

If yes, what should I do to stay in US. -- stay on H4.

 

[pritamde]

My case was approved on April 10th, 2020 and I am waiting for I797. I noticed in the USCIS website that the approval notice was emailed. Was the approval notice emailed to my employer or faxed? During the COVID crisis, immigration office of my employer is closed. But I am bit concerned about the type of I797 (A or B). Can anyone please let me know how can I request the I797 copy from USCIS?