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H-1b and H4 start from the same day!

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  • H-1b and H4 start from the same day!

    1) lost job in April, COS from J1 to H-4
    2) during H-4 pending period, find another job in the University, they file the H-1B petition (J1 to H1b) and pp
    3) got H-1b approved on 7/1/14(notice date and valid dates are the same day)
    4) got H-4 approved on 7/3/14 (notice date), the valid date is from 7/1/14
    5) both H-1b and H-4 come with a new I-94

    Now I am confused about my status, H-4 or H-1B?

    the employer said I am current in H-1b status, and ask me to work next Monday. but I searched online, it seems like the H-4 will override the H-1b per "Lase rule action". I really don't want to violate my status.

    I really appreciate someone could give some suggestions?

    what I should do if I still want to work legally?

  • #2
    Originally posted by icecream703 View Post
    1) lost job in April, COS from J1 to H-4
    2) during H-4 pending period, find another job in the University, they file the H-1B petition (J1 to H1b) and pp
    3) got H-1b approved on 7/1/14(notice date and valid dates are the same day)
    4) got H-4 approved on 7/3/14 (notice date), the valid date is from 7/1/14
    5) both H-1b and H-4 come with a new I-94

    Now I am confused about my status, H-4 or H-1B?

    the employer said I am current in H-1b status, and ask me to work next Monday. but I searched online, it seems like the H-4 will override the H-1b per "Lase rule action". I really don't want to violate my status.

    I really appreciate someone could give some suggestions?

    what I should do if I still want to work legally?
    Technically you should have waited for J1 to H4 approval and then applied H4 to H1. But unfortunately with the time it takes for COS approvals especially dependent status, many either miss out on opportunity or end up in a similar state as you.

    If you want to be absolutely safe then leave US and return on valid H1 visa.

    This is my opinion not legal advice.

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