prkprasad78 Posted February 11, 2014 Report Share Posted February 11, 2014 Hi, Here is our situation. My wife's H1 expired on Jan 9 2014 and since we couldn't find a project in time, her employer didn't file for extension so have to file I539 for H4 with all proper paer work before her H1 got expired. Now she got a full time job offer and her futuer employer is willing to file for her H1. My question is do we need to wait for H4 approval or can H1 be filed separately. When called USCIS and explained the same to the rep, the rep said you don't need to wait for H4 approval for the future employer to file for H1. But your H1 needs to be approved before you start working. I have read in different postings that your H4 needs to be approved first to file for a H1. Any attorney's or senior members, could you please share more information on this topic. Thanks. Link to comment
jairichi Posted February 12, 2014 Report Share Posted February 12, 2014 Hi, Here is our situation. My wife's H1 expired on Jan 9 2014 and since we couldn't find a project in time, her employer didn't file for extension so have to file I539 for H4 with all proper paer work before her H1 got expired. Now she got a full time job offer and her futuer employer is willing to file for her H1. My question is do we need to wait for H4 approval or can H1 be filed separately. When called USCIS and explained the same to the rep, the rep said you don't need to wait for H4 approval for the future employer to file for H1. But your H1 needs to be approved before you start working. I have read in different postings that your H4 needs to be approved first to file for a H1. Any attorney's or senior members, could you please share more information on this topic. Thanks. An employer can file a cap exempt H1B petition when COS from H1B to H4 is under process. Once approved she can start working for employer and has to withdraw her COS H1B to H4 application from USCIS. Link to comment
pontevecchio Posted February 12, 2014 Report Share Posted February 12, 2014 Withdrawing the COS to H4 may or may not be accepted in time. Employers have a bad habit. They do not like to see you forced to stop work because you made decisions without consulting them. Let the new sponsor know all the facts and have them decide if leaving and returning with the visa after H1 approval is the way to go. Link to comment
jairichi Posted February 12, 2014 Report Share Posted February 12, 2014 Withdrawing the COS to H4 may or may not be accepted in time. Employers have a bad habit. They do not like to see you forced to stop work because you made decisions without consulting them. Let the new sponsor know all the facts and have them decide if leaving and returning with the visa after H1 approval is the way to go. I agree with pontevecchio. I most cases you cannot withdraw COS application from USCIS. Link to comment
prkprasad78 Posted February 13, 2014 Author Report Share Posted February 13, 2014 Thank you Jairichi and Pontevecchio. My wife's project ended in the first week of Jan as well as her H1 expired too. Neither her employer nor her she could find a project as it was the holiday seson so has to file for COS to H4. Even her employer adviced her to convert to H4 as he needs a client or vendor letter to file for an extension. Her new employer knows my wife has filed for COS H1-H4. LCA has already been filed.They are waiting for my wifes drug screening results to start the additional paper work. Does my wife needs to get H1 stamped after her H1 approval and does this needs to be done immediately or can be waited till she gets atleast 2 pay stubs. Can we got to Canada or Mexico or has to be home country for H1 stamping? Once again thanks all for your valuable inputs. Link to comment
pontevecchio Posted February 13, 2014 Report Share Posted February 13, 2014 Actually if your wife offers to pay for PP or the employer pays Premium Processing will be the best way as the H4 COS can also be withdrawn by the Lawyer as he will have direct contact with the Officer. Link to comment
jairichi Posted February 13, 2014 Report Share Posted February 13, 2014 Thank you Jairichi and Pontevecchio. My wife's project ended in the first week of Jan as well as her H1 expired too. Neither her employer nor her she could find a project as it was the holiday seson so has to file for COS to H4. Even her employer adviced her to convert to H4 as he needs a client or vendor letter to file for an extension. Her new employer knows my wife has filed for COS H1-H4. LCA has already been filed.They are waiting for my wifes drug screening results to start the additional paper work. Does my wife needs to get H1 stamped after her H1 approval and does this needs to be done immediately or can be waited till she gets atleast 2 pay stubs. Can we got to Canada or Mexico or has to be home country for H1 stamping? Once again thanks all for your valuable inputs. Since she is no longer on H1B status if she wants to start working she can do so after H1B petition approval. In case she is unable to withdraw her COS petition from H1B to H4 and it later gets approved she needs to exit and enter US with a valid H1B visa and new I797. Link to comment
prkprasad78 Posted February 14, 2014 Author Report Share Posted February 14, 2014 Thank you for your inputs. Pontevecchio: When you say the H4 COS can be withdrawn by the lawyer, are you talking about the future employmer's lawyer? Link to comment
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