Status change H4 to H1 denied


ghoda

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Hello Experts,

 

I came to USA first time on H4 and then firm ABC applied for my H1B and got it approved with I797 valid till Oct 2016. I also worked for that ABC for some time.

 

I had taken medical leave and changed my location in USA and after that I went back to India and come back from vacation from India again on H4. Now I started working for new employer XYZ who has initiated my status change from H4 to H1B using ABC's I797, my old salary stubs and my spouse salary stubs

 

Issue: my conversion/status change to H1 which was filed by XYZ got denied. what are options with me? Can I again go back and work with ABC who will anyway has my I797 valid till Oct 2016 (he has not revoked my H1) and can I request him to do status change (h4 to h1) request for me?

what are chances that his status change request will get approved as XYZ's got denied?

 

Appreciate your help.

 

 

Note: we have not got the denial notice for XYZ yet as to figure out what exactly casue of denial. we will get it next week.

 

 

Thanks,

Ghoda

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Hmm, you say you already started working with xyz? Since this is a COS, you can only start working when it is approved.

 

As for going back to abc, abc was required by law to inform USCIS that you are not working there anymore. If they didn't, they would have to continue to pay you. A bona fide termination of the employer-employee relationship requires the employer to inform USCIS.

That could well be the reason for the denial.

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  • 3 weeks later...

Thanks all for your response but  i have another query and before that I want to clarify few things:

 

ABC company which has my I797 valid till Oct 2016. I worked with them from Jun 2014 to Dec 2014. Got pay stubbs too.

After that I was on medical break in India till March 2015. I didn't resign or left or got terminated by ABC company.

 

In March 2015 I came to USA on H4 (since I didn't get enough documentation from company ABC). In March in USA I wanted to again resume my work so got new employer XYZ who filed for my H1 status change and H1 transfer. I believe ABC would not have done anything to inform USCIS when I was on medical leave in India (offcourse ABC didnt run pay roll during my vacation)

 

Now that XYZ's transfer got denied so I want to go back to my old company ABC. Can i not do my job with ABC again? Can ABC not do simply status change (h4 to again h1) with my spouse salary slips And how soon i can work for ABC as I have got my client project finalized and needs to be onboarded. Will premium process help?

 

 

Can you please help me. thanks in advance

 

 

Note: Reasons for H1B transfer and visa status change denied for XYZ are:

1. Some mistakes in filing LCA by XYZ

2. XYZ not able to provide sufficient document to establish Employee-Employer relationship

3. XYZ couldn't prove that I will have project till next 2 years per LCA dates

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