Maintaining status during H1 to H4 transfer and H1 to H1 transfer


akshaksha

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I am in H1B status and will end my job in the next few weeks.

I am looking for new jobs and am also thinking of an H4 transfer to maintain my status (My spouse is on H1)

My current employer is A

My new employer is B

1. If I file a H1 transfer petition to employer B before my last day with employer A, can I stop working for employer 1 waiting for the H1 transfer decision? Say 7/31 is my last day at employer A, I file the petition to employer B on 7/15, will I be in legal status on 8/1 while I wait for my H1 transfer?

2. If not, and if I also concurrently apply for H1 to H4 transfer before 7/31, will I be in legal status on 8/1?

On 8/1 I will have a H1 to H4 transfer pending and a H1 to H1 transfer pending.

Thanks very much :-)

Aakanksha

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1. If I file a H1 transfer petition to employer B before my last day with employer A, can I stop working for employer 1 waiting for the H1 transfer decision? Say 7/31 is my last day at employer A, I file the petition to employer B on 7/15, will I be in legal status on 8/1 while I wait for my H1 transfer?

- Yes, if you file around 7/15 then you should receive H1B transfer receipt before 7/31 & which makes you in status.

2. If not, and if I also concurrently apply for H1 to H4 transfer before 7/31, will I be in legal status on 8/1?

On 8/1 I will have a H1 to H4 transfer pending and a H1 to H1 transfer pending.

- Do not make it complicated, if you file H1 transfer then do not file H1B to H4.

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