H1 portability from H4 status, out of status


mryogik

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Hi

I have been on H1 from oct 2009 to March 2014. My last pay stub is until march 15, 2014. I applied for change of status (COS) to H4 on March 15, 2014. My COS was approved on July 07, 2014. I did not realize that until H4 was approved I was still on H1. And since I do not have pay stubs beyond march 15, 2014 apparently I was out of status between March 15 to July 7 2014. My new employer is getting ready to file to H1 visa based on the time remaining on my H1 that I received in 2009. Does anyone know if my H1 will get approved?

My defense is that I have receipt notice dated March 15, 2014 for change of status. So Although H4 was approved only in July, the COS was applied in March.

 

Any body knows?

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