H1b approval - EAD to H4

[mauv1619]

Hello,

I am currently on L2 EAD working for a consulting firm. They filed for h1b back in April 2013 and its still under process. My contract with the client expired in july-2013 and UsCIS requested more evidence in July 2013 and sent an RFE. My firm has not responded yet to the RFE since they could not find a project for me.

On 1st October 2013 my visa status will be changed to H4 since my husbands firm filed h1b for him and H4 for myself as COS.

My firm has to respond by end of September 2013 to the RFE.

I have a client who has given me an offer last week and wants me to join starting 30th September 2013.

My EAD is valid until September 2014, but since my status will change to H4 on 1st October 2013 I can't start working on the basis of my EAD.

I humbly request the Experts in this forum to advise me on the above situation.

Will USCIS approve my H1b petition on the basis of an offer from new client ?

What documents will USCIS require from this new client?

Or What are my options ?

[jairichi]

Hello,

I am currently on L2 EAD working for a consulting firm. They filed for h1b back in April 2013 and its still under process. My contract with the client expired in july-2013 and UsCIS requested more evidence in July 2013 and sent an RFE. My firm has not responded yet to the RFE since they could not find a project for me.

On 1st October 2013 my visa status will be changed to H4 since my husbands firm filed h1b for him and H4 for myself as COS.

My firm has to respond by end of September 2013 to the RFE.

I have a client who has given me an offer last week and wants me to join starting 30th September 2013.

My EAD is valid until September 2014, but since my status will change to H4 on 1st October 2013 I can't start working on the basis of my EAD.

I humbly request the Experts in this forum to advise me on the above situation.

Will USCIS approve my H1b petition on the basis of an offer from new client ?

What documents will USCIS require from this new client?

Or What are my options ?

No, USCIS will not accept a new client as this is your first H1B. If the employer who filed your H1B refuses to act on RFE then your H1B petition will be denied.

Your option is to move to H4 as your husband is going to have H1B status from Oct 1st. 

You can try next year for a H1B.

[mauv1619]

Thank you for the response.

[mauv1619]

If you can also please suggest regarding the below.

 

Is it possible to stop the change of status to H1b which will happen on 1st october 2013 ?

If this can happen my EAD will continue to be valid and I will be in the L2 status and my husband will be in the L1 status.

 

Does anyone know how this process works ?

 

Later next year before August 2014 (L1 Expiry) my husband can travel outside of US and get the H1b stamping.

 

I will really appreciate a response on this one.

[jairichi]

If you can also please suggest regarding the below.

 

Is it possible to stop the change of status to H1b which will happen on 1st october 2013 ?

If this can happen my EAD will continue to be valid and I will be in the L2 status and my husband will be in the L1 status.

 

Does anyone know how this process works ?

 

Later next year before August 2014 (L1 Expiry) my husband can travel outside of US and get the H1b stamping.

 

I will really appreciate a response on this one.

If your husband's change of status (L1 to H1B) gets approved before Oct 1st, then he could exit US before Oct 1st and re-enter later with valid L1 visa and approval notice. In this way he can nullify his COS to H1B. I am not sure whether you would also have to exit and re-enter US with him as a COS to H4 was filed with his H1B petition

[mauv1619]

Thanks Jairichi.
Would you know if my husband can get the H1b stamping later next year which was approved for his current company.

Or USCIS may revoke his H1b since he did not allow the COS to take affect.

Some people whom I consulted earlier they mentioned that it would be a risky thing to not allow the COS happen on 1st October.

 

And even during the port of entry, USCIS may say that you are on H1 status in the system but you dont have a Valid visa stamp on the passport.

[mauv1619]

Also Jairichi, if you can please confirm.

 

Based on the recent update, my firm has already responded to the RFE to USCIS and with the proof of my existing client (not the new client).

In case my H1b is approved by USCIS before 30th September, and COS happens on 1st October, will be allowed to work on H1b after 1st October 2013 ?

The last action rule seems litlle confusing to me, so far what I have read on different forums.

Appreciate you response.

[jairichi]

Thanks Jairichi.

Would you know if my husband can get the H1b stamping later next year which was approved for his current company.

Or USCIS may revoke his H1b since he did not allow the COS to take affect.

Some people whom I consulted earlier they mentioned that it would be a risky thing to not allow the COS happen on 1st October.

 

And even during the port of entry, USCIS may say that you are on H1 status in the system but you dont have a Valid visa stamp on the passport.

If he travels outside US before 1st Oct and re-enters after 1st Oct with a valid L1 visa and obtains a new I94 he will be in L1 status after 1st  October (His COS gets nullified). As his H1B petition is approved and he is not changing to H1B his H1B employer is bound by law to request USCIS to revoke his H1B. But, it will have no effect on his future cap exempt H1B petitions filed by prospective employers.

 

If he intends to stay on L1 then at POE he has to show his unexpired L1 visa and valid  L1 approval notice

[jairichi]

Also Jairichi, if you can please confirm.

 

Based on the recent update, my firm has already responded to the RFE to USCIS and with the proof of my existing client (not the new client).

In case my H1b is approved by USCIS before 30th September, and COS happens on 1st October, will be allowed to work on H1b after 1st October 2013 ?

The last action rule seems litlle confusing to me, so far what I have read on different forums.

Appreciate you response.

I am not very clear about the last action rule. You have to wait for other members opinion or consult an attorney

[jairichi]

Also Jairichi, if you can please confirm.

 

Based on the recent update, my firm has already responded to the RFE to USCIS and with the proof of my existing client (not the new client).

In case my H1b is approved by USCIS before 30th September, and COS happens on 1st October, will be allowed to work on H1b after 1st October 2013 ?

The last action rule seems litlle confusing to me, so far what I have read on different forums.

Appreciate you response.

I feel that the last action rule is for persons traveling outside US when a change of status or extension of status is approved. In your case you have no intention to travel. Am I correct? So I guess it will not apply. Also, it is always better to cross check suggestions given in this forum with an immigration attorney.

[mauv1619]

Thanks Jairichi. The h1b got approved, but another problem came up due to government shutdown. if you can please advise on the below.

 

 

I got the new h1b approved on 3rd October 2013. I have a new job offer from xyz company.

The empoyer cannot file the LCA since the DOL is down due to Government shutdown.

Based on my husbands H1b, I have H4 approved prior to the H1b approval which I got on 3rd October 2013.

Please advice on the below questions I have.

- How long can I be on H1b status if government shutdown continues and the company cannot file the LCA ?

- Can I join the new job without LCA, based on the approved h1b ?

- Is there a chance that I will go out of status in 2 weeks from October 3rd ?

- Can I default to H4 visa if the H1b is revoked by my company ? Or do I have to leave the country before the H1b is revoked ?

- Whats the actual policy / law regarding when a candidate is on H1b status, For how many days can a person stay without the Job ?

Please any advise will be appreciated.

[jairichi]

Thanks Jairichi. The h1b got approved, but another problem came up due to government shutdown. if you can please advise on the below.

 

 

I got the new h1b approved on 3rd October 2013. I have a new job offer from xyz company.

The empoyer cannot file the LCA since the DOL is down due to Government shutdown.

Based on my husbands H1b, I have H4 approved prior to the H1b approval which I got on 3rd October 2013.

Please advice on the below questions I have.

- How long can I be on H1b status if government shutdown continues and the company cannot file the LCA ?

- Can I join the new job without LCA, based on the approved h1b ?

- Is there a chance that I will go out of status in 2 weeks from October 3rd ?

- Can I default to H4 visa if the H1b is revoked by my company ? Or do I have to leave the country before the H1b is revoked ?

- Whats the actual policy / law regarding when a candidate is on H1b status, For how many days can a person stay without the Job ?

Please any advise will be appreciated.

First check with an attorney what is your status currently, either H1B or H4.

1. If you are in H1B status you should be working for your current employer from Oct 3rd 2013.

2. If you mean new employer XYZ then absolutely NO.

3. If you are in H1B as long as you are paid you will not go out of status.

4. There is no default status. If you are in H1B then you have to apply for a COS to H4 or leave US and enter with H4 visa.

5. Zero days.

 

As I said earlier run this through an immigration attorney.