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H1 Transfer while COS to H4 is in progress

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  • H1 Transfer while COS to H4 is in progress

    Hi All,

    I was working with Employer A till 08/15/2013 on H1. Before my last day, my husband's company applied for COS to H4. Now Employer B has offered me a position and is in the process of applying for H1. My husband's employer has said that they will withdraw the H4 application once my new H1 is approved. My questions are:

    1. What will be my status from 08/15/2013 until new H1 is approved?

    2. When Employer B applies for H1, is it like an H1 transfer from Employer A to Employer B or is a COS from H4 to H1?

    3. Employer A (my old company) said they would cancel my H after a few days of my last day with them. What does that mean and how does this impact my H1 application from Employer B?

    Please let me know. Appreciate your time and help!

    Thank you!

  • #2
    Hello, Workingmom.

    I am not an expert, but this is what i feel:

    1) Your status between 15th Aug and date of approval should be Status Pending Decision.

    2) I Do not Know.

    3) Your old Employer A can revoke his sponsorship of your H1B and new employer B can assume sponsorship. H1B Visa stays in the system (your active Status changes to H4) until you use it for whole 6 years. Upon cancellation by 1 Employer, H1B gets cancelled but can be revived again upon sponsorship.

    I hope this helps.

    I am not a professional. These are my personal thoughts.

    Cheers,

    Originally posted by workingmom View Post
    Hi All,

    I was working with Employer A till 08/15/2013 on H1. Before my last day, my husband's company applied for COS to H4. Now Employer B has offered me a position and is in the process of applying for H1. My husband's employer has said that they will withdraw the H4 application once my new H1 is approved. My questions are:

    1. What will be my status from 08/15/2013 until new H1 is approved?

    2. When Employer B applies for H1, is it like an H1 transfer from Employer A to Employer B or is a COS from H4 to H1?

    3. Employer A (my old company) said they would cancel my H after a few days of my last day with them. What does that mean and how does this impact my H1 application from Employer B?

    Please let me know. Appreciate your time and help!

    Thank you!
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

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