Present employment ends in September. Is there Out of Status Issues ?


polka.nj

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Hello,

 

I am currently awaiting my H1B decission from USCIS. And, my current job contract ends in September 2013.

 

I had an RFE and my attorney has submitted the response only this week.

 

I have a question, in case if my H-1B decision comes through as approved in December 01st, 2013 will I become out of status, since my present employment is until September only ?

 

The Gap of unemployment for two months, October-November, will it present any issues when the H-1B starts (December 01, 2013).

 

Based on my unemployment for a period of 2 months, will there be any issues when I apply for H-1B transfer in future ?

 

Kindly let me know. Thank you.

 

Best,

Polka.NJ

 

 

 

 

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Hi Jairichi, Thank you for the response. I have following questions based on your feedback.

 

1. If my H-1B approval is pending after September 2013, whether will I be on Status till I received it, with the circumstances that my present employment will be ending in September 2013? I heard that I will be on status till I received the H-1B approval notice. However I want to be sure.

 

2. Will there be any gap from the H-1B start date and the date of receipt of H-1B approval ?

 

3. If there is a gap, then can I apply for COS to H-4 (My spouse is on H-1B) on the day I received the H-1B approval notice.

 

4. If I dont want to take risk, shall I apply for COS to H-4 now with the start date as October 01st 2013.

 

5. How long it takes for the COS to be approved or denied ?

 

6. If my COS application is pending and assuming my H-1B is approved, how do I start on H-1B on the start date.

 

7. If my COS application to H-4 is approved and assuming my H-1B is approved, how do I change to H-1B status and start working from the H-1B start date.

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Hi Jairichi, Thank you for the response. I have following questions based on your feedback.

 

1. If my H-1B approval is pending after September 2013, whether will I be on Status till I received it, with the circumstances that my present employment will be ending in September 2013? I heard that I will be on status till I received the H-1B approval notice. However I want to be sure. @Livliv is right. Pending change of status will give you protection.

 

2. Will there be any gap from the H-1B start date and the date of receipt of H-1B approval ? If your employer has petitioned for a start date of 1st October 2013 and your H1B approval notice is dated 1st September 2013 yes there will be a gap

 

3. If there is a gap, then can I apply for COS to H-4 (My spouse is on H-1B) on the day I received the H-1B approval notice. You have to apply for a COS at least 2 weeks before your contract end date that will help to generate a receipt number in time

 

4. If I dont want to take risk, shall I apply for COS to H-4 now with the start date as October 01st 2013.

 

5. How long it takes for the COS to be approved or denied ? Usually 2 to 2.5 months

 

6. If my COS application is pending and assuming my H-1B is approved, how do I start on H-1B on the start date. I think there is a possibility to withdraw your COS H4 petition (pending approval) once your H1 is approved and your start date of 1st October 2013 has reached

 

7. If my COS application to H-4 is approved and assuming my H-1B is approved, how do I change to H-1B status and start working from the H-1B start date. Well, you can exit and enter US with a valid visa and new I797

 

My suggestion for you would be to consult an immigration attorney or the attorney from the new employer who has filed your H1B petition. Because everything I said is general. It differs based on situation and documents in possession like I94, etc. Forums are to get an idea. But, consultation from a qualified immigration attorney is important

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