h1-h4-h1 situations


os11

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I am in the US.  I just got laid off and I am planning to apply for H4.  I have 1 and 1/2 years out of the 6 years left on my H1.  I am also looking for an employer who can file for H1.  Couple of situations:

 

1) If I find an employer who is willing to file H1 while my H4 is pending approval, how do I proceed in that situation so that I can get H1? 

 

2) Once my H4 is approved and I then find an employer who is willing to do my H1, do I need to leave the country once my H1 petition gets approved in order to work for that company?

 

Thank you

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I am in the US.  I just got laid off and I am planning to apply for H4.  I have 1 and 1/2 years out of the 6 years left on my H1.  I am also looking for an employer who can file for H1.  Couple of situations:
 
1) If I find an employer who is willing to file H1 while my H4 is pending approval, how do I proceed in that situation so that I can get H1? 
 
2) Once my H4 is approved and I then find an employer who is willing to do my H1, do I need to leave the country once my H1 petition gets approved in order to work for that company?
 
Thank you

 

1. Employer applies for cap exempt H1B petition and after approval withdraw H4 application.

2. No. Employer would file it as COS and if COS is approved no need to leave country.

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I had applied for a family based green card (through sibling) in Aug 2012.  While filling out I-539 form, under Part 4 question 3a and b,  it asks if a immigrant visa has been filed for the applicant.  My question is once I answer yes to these questions, will that be a problem to get H4 visa now? 

 

Thank you.

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I had applied for a family based green card (through sibling) in Aug 2012.  While filling out I-539 form, under Part 4 question 3a and b,  it asks if a immigrant visa has been filed for the applicant.  My question is once I answer yes to these questions, will that be a problem to get H4 visa now? 

 

Thank you.

No, it will not be a problem as H4 visa is dual intent i.e. it allows immigration intent.

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