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I am on H1 and work for company "A". My project with company "A" is ending on 4/19/2013. I have a job offer from company "B" who filed an H1 transfer on 4/1/2013 in PREMIUM processing. It has been 1 week and the company "B" has not received the H1 transfer receipt number from USCIS yet.
1. Is it common that H1 transfer filed during the early April timeframe takes more time for USCIS to send the receipt number? (due to the huge volume of applications for new H1 for the year). I am planning to join company "B" as soon as I receive the H1 transfer receipt number.
2. The delay in receiving the receipt from USCIS for the H1 transfer request filed by company "B" may result in losing the job offer made by company "B" as the company "B" can't wait for more than 1 week from now. That means, if I don't receive the H1 transfer receipt in another week, I will become out of status after 4/19/2013 (my end date with company "A"). My spouse also works in US on H1 visa and to maintain the legal immigration status and to be on safer side, can I file an H1 to H4 transfer while the H1 transfer filed by company "B" is in progress? I will cancel the H4 petition once the H1 transfer filed by company B is approved or once I get a transfer receipt number. Do you think moving to H4 status is a recommended backup option, given my current situation?
3. If I file H1 to H4 transfer request as in the above situation, should I have the receipt number from USCIS before my current employment ends (4/19/2013), to be on legal status in US? What if I do not receive the receipt number by 4/19/2013, will the documents that show that I filed H1 to H4 status be sufficient to prove my legal status in US?
4. Let's say I lose the offer from company "B" due to H1 transfer delay and I end up moving to H4 status for some period of time, can I move back to H1 status once I have another job offer and the new company is ready to file H4 to H1 transfer? I am on 8th year of H1 and my current H1 is valid based on the approved I-140 from company "A". I have I-140 approval notice and documents from company "A".
Appreciate your help! Thanks!
1. Is it common that H1 transfer filed during the early April timeframe takes more time for USCIS to send the receipt number? (due to the huge volume of applications for new H1 for the year). I am planning to join company "B" as soon as I receive the H1 transfer receipt number.
2. The delay in receiving the receipt from USCIS for the H1 transfer request filed by company "B" may result in losing the job offer made by company "B" as the company "B" can't wait for more than 1 week from now. That means, if I don't receive the H1 transfer receipt in another week, I will become out of status after 4/19/2013 (my end date with company "A"). My spouse also works in US on H1 visa and to maintain the legal immigration status and to be on safer side, can I file an H1 to H4 transfer while the H1 transfer filed by company "B" is in progress? I will cancel the H4 petition once the H1 transfer filed by company B is approved or once I get a transfer receipt number. Do you think moving to H4 status is a recommended backup option, given my current situation?
3. If I file H1 to H4 transfer request as in the above situation, should I have the receipt number from USCIS before my current employment ends (4/19/2013), to be on legal status in US? What if I do not receive the receipt number by 4/19/2013, will the documents that show that I filed H1 to H4 status be sufficient to prove my legal status in US?
4. Let's say I lose the offer from company "B" due to H1 transfer delay and I end up moving to H4 status for some period of time, can I move back to H1 status once I have another job offer and the new company is ready to file H4 to H1 transfer? I am on 8th year of H1 and my current H1 is valid based on the approved I-140 from company "A". I have I-140 approval notice and documents from company "A".
Appreciate your help! Thanks!
