Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1 to H4 to H1

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1 to H4 to H1

    Hi,

    I was on H1B and i quit my job in April 2014. Since my husband is on H1B visa, i have applied for a COS from H1 to H4 and it is still under process and not yet approved. But now i got a new job and they have filed my H1B petition with the USCIS. And once i get the receipt im planning to send the receipt to USCIS requesting them to cancel my COS to H4. Also, my new H1 is filed under regular processing. My queries here are :

    1. Can i start working with the new H1B receipt, with my H4 still pending ? Or Do i need to have the approval before i start working
    2. Will USCIS cancel my COS process once they receive my mail with the H1 receipt ?
    3. What should be done if my H4 gets approved before they get my H1B receipt mail or incase they missed my mail ?
    4. What will happen if i start working with the receipt and after a weeks time my H4 gets approved and my H1 status is pending ?

    Im in a very complex situation.
    Appreciate your help and quick reply.

    THanks in Advance,
    Neha
    Last edited by checkmi; 06-10-2014, 12:47 PM.

  • #2
    Originally posted by checkmi View Post
    Hi,

    I was on H1B and i quit my job in April 2014. Since my husband is on H1B visa, i have applied for a COS from H1 to H4 and it is still under process and not yet approved. But now i got a new job and they have filed my H1B petition with the USCIS. And once i get the receipt im planning to send the receipt to USCIS requesting them to cancel my COS to H4. Also, my new H1 is filed under regular processing. My queries here are :

    1. Can i start working with the new H1B receipt, with my H4 still pending ? Or Do i need to have the approval before i start working
    2. Will USCIS cancel my COS process once they receive my mail with the H1 receipt ?
    3. What should be done if my H4 gets approved before they get my H1B receipt mail or incase they missed my mail ?
    4. What will happen if i start working with the receipt and after a weeks time my H4 gets approved and my H1 status is pending ?

    Im in a very complex situation.
    Appreciate your help and quick reply.

    THanks in Advance,
    Neha
    1. Its always advisable to start work only after the petition is approved. I would suggest that you wait for the original H1 to H4 COS approval and then file the H4 to H1 with new employer and await the new H1 approval before starting to work.
    2. No they wont.
    3. The only way to negate the COS is to leave US and return on H1 petition of new employer.
    4. More potential problems. Technically you are out of status since April unless your original COS from H1 to H4 is approved first. Working without valid authorization can give rise to further potential problems.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks for the reply !

      My COS to H4 got approved and now currently im on H4. Also my new employer had filed an H1B petition on my behalf. Now what should i do ?
      Without approval i would not be able to join work. In that case does the employer need to do a fresh COS from H4 to H1 again? Or whatver he had filed before will help and he can request for a premium processing ?

      Im really confused and concerned.
      Please let me know what should be ther further steps
      Kindly help


      Thanks,
      Neha

      Comment

      Working...
      X