H1B to H4 pending to H1B

info4help

By info4help,
in H1B : H-4 Issues

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info4help Member

info4help

Posted
Posted

Hi, 

 

I would appreciate suggestions from your experience and knowledge.

 

I lost job early second week of august and filed h4 in  early 4th week of august. I am still waiting for h4 receipt number. 

I found a new job that I have to start in two weeks.

 

1. Can I file h1b as COS from h4 pending to h1B

2. wouldn't h4 being pending could cause any issue. If everything goes well with h1b, I plan to notify authorities to      withdraw h4. any other suggestion on handling this situation.

3. Should I upgrade h4 to premium to seek approval and then file h1b?

 

Please advice if there is any other effective approach to handle this situation.

 

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jairichi Advanced Member

jairichi

Posted
Posted

Hi, 

 

I would appreciate suggestions from your experience and knowledge.

 

I lost job early second week of august and filed h4 in  early 4th week of august. I am still waiting for h4 receipt number. 

I found a new job that I have to start in two weeks.

 

1. Can I file h1b as COS from h4 pending to h1B

2. wouldn't h4 being pending could cause any issue. If everything goes well with h1b, I plan to notify authorities to      withdraw h4. any other suggestion on handling this situation.

3. Should I upgrade h4 to premium to seek approval and then file h1b?

 

Please advice if there is any other effective approach to handle this situation.

(1) Yes, you can.

(2) It will not. I believe you can withdraw your COS to H4 once your H1B petition is approved.

(3) There is no premium processing for H4.

 

Speak to your new employer's attorney.

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