H1B to pending H4 COS to H1B and what to do after?


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Thanks in advance for any response!


Here are my facts:

1. I was on a H1B and last date with my employer was February 16, 2015. Up to this date I was receiving paystubs, so no paystub issue here.

2. I applied for a COS to H4 which the I-797C shows was received by USCIS February 13 2015 so no issue with any time being out of status.

3. I now have a new job offer to start April 16 2015.

4. In addition, prior to leaving my old employer, they had applied with USCIS to extend my H1B for another 3 years (original expiry was August 24, 2015) and this was approved February 9, 2015).



1. I believe that I have to undergo premium processing to go back to H1B as it must be approved before I can start working on April 16 2015. The normal processing time would probably be too late. Is this correct?


2. Is it true that premium processing takes about 1-2 weeks? If so, if I do premium processing now (February 27), and the H1B is approved in 2 weeks, how long do I have before I have to start working? For example, if the premium processing is approved by March 15, 2015 does that mean I will be out of status for 1 month between March 15 to April 15? Or does the H1B application state the date I will be starting my new job and thus I only have to start working on April 16 as will be stated in the application?


3. What happens to my pending H4 COS application? Since I will start work and obtain the H1B approval before my H4 is approved, should I withdraw my H4 pending application once the new H1B is approved? However, will withdrawal mean that I was out of status from February 17 2015 to the day before my work start date of April 15 2015?


4. Given my facts, can I start working on April 16 without leaving the country for visa stamping? I plan to be in the USA the entire time and will not leave the country.


5. Lastly, given I have been approved for extension for another 3 years on the H1B, what does this mean for my new employer when they apply for the new H1B for me? Do they just file a 'transfer' or do they have to file for new H1B and extension for 3 years at the same time again?


Thank you! Any insights would be MUCH MUCH appreciated!!!

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1. Yes, correct.

2. 15 calendar days for PP. H1B can have a start date. So if requested April 16th will be start date.

3. You need to withdraw H4 application. No, you will be considered under valid status.

4. Yes, if you get an I94 attached to your I797.

5. You will get duration mentioned in your I-129 at discretion of USCIS.

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