H1-H4-H1 while H4 approval notic still pending

[Garima Chandra]

Hi,

I was on employeer payroll till March 15th and had applied for H4 on March 12th. I got the H4 receipt number in 2 weeks. Now I have got another company who are ready to do my H1.

Question here is will this be treated as H4 to H1 or H1 transfer? My lawyer said it will be treated as H1 transfer as I have not got the H4 appoval notice but the new company's lawyer is saying its H4 to H1 and not H1 transfer.

Anyone has any idea what this is?

[raghvi]

Hi,

I was on employeer payroll till March 15th and had applied for H4 on March 12th. I got the H4 receipt number in 2 weeks. Now I have got another company who are ready to do my H1.

Question here is will this be treated as H4 to H1 or H1 transfer? My lawyer said it will be treated as H1 transfer as I have not got the H4 appoval notice but the new company's lawyer is saying its H4 to H1 and not H1 transfer.

Anyone has any idea what this is?

If you are not getting paid, then you are not on H1 status. If you are not in H1 status you cant do a "H1 to H1" Transfer. What it would have to be is a H4 to H1.

This move would be only be possible if your H4 is approved and then later file a H4 to H1

OR

Leave US and return on already stamped H1 but new employer's approved petition.

This is my opinion not legal advice.

[Garima Chandra]

If you are not getting paid, then you are not on H1 status. If you are not in H1 status you cant do a "H1 to H1" Transfer. What it would have to be is a H4 to H1.

This move would be only be possible if your H4 is approved and then later file a H4 to H1

OR

Leave US and return on already stamped H1 but new employer's approved petition.

This is my opinion not legal advice.

What do you mean by "This move would be only be possible if your H4 is approved and then later file a H4 to H1

OR

Leave US and return on already stamped H1 but new employer's approved petition."

[raghvi]

Whats your current status? A pending H4 application is technically not a valid status. In order to go back to H1 without leaving US you should currently be in a valid status. In order to be in valid status your H4 should be approved first. Only then would you be able to file a H4 to H1 Change Of Status.

If you do not want to wait till H4 approval, you can leave US and re enter on your already stamped H1 visa, accompanied with the new H1 petition approved for the newer employer.

This is my opinion not legal advice.