H4 to h1 while h4 petition is in progress

[Hima Karuturi]

Hi,
I have very different situation .. Iam on h1b with validity till November 2017.My current company couldnot find the project in us so they asked me to go on long leave without pay.. Which I need to change my status to h4 as my husband dependent ..
So
My husband's company filed h4 petition last week.. Now Iam applying for jobs and about to get an offer..

My question is ::: is it possible to file h1b transfer while my h4 petition is in progress..

Iam really in confused state.. Please help

[raghvi]

Hi,
I have very different situation .. Iam on h1b with validity till November 2017.My current company couldnot find the project in us so they asked me to go on long leave without pay.. Which I need to change my status to h4 as my husband dependent ..
So
My husband's company filed h4 petition last week.. Now Iam applying for jobs and about to get an offer..

My question is ::: is it possible to file h1b transfer while my h4 petition is in progress..

Iam really in confused state.. Please help

What do you mean "could not find projects" . When your employer petitioned USCIS for your H1 they must have shown that they have enough work for you. Irrespective, even if they dont have a project, they should still be paying you rather than going on unpaid leave.

First of all, if you dont have latest paystubs your transfer to H4 or h1 to another employer would not be possible. Secondly, it is never advisable to have two different petitions with USCIS at the same time because you never know on which USCIS will take decision first.

If you find another job, ask the next employer to file H1 as consular process in premium, when it is approved, send notification for H4 cancellation, leave US, and re enter on H1 visa with petition of new employer.

This is my opinion not legal advice.

[Hima Karuturi]

What do you mean "could not find projects" . When your employer petitioned USCIS for your H1 they must have shown that they have enough work for you. Irrespective, even if they dont have a project, they should still be paying you rather than going on unpaid leave.

First of all, if you dont have latest paystubs your transfer to H4 or h1 to another employer would not be possible. Secondly, it is never advisable to have two different petitions with USCIS at the same time because you never know on which USCIS will take decision first.

If you find another job, ask the next employer to file H1 as consular process in premium, when it is approved, send notification for H4 cancellation, leave US, and re enter on H1 visa with petition of new employer.

This is my opinion not legal advice.

Thank you for the advice

This is more detailed Situation:

I travelled in jan 2014 to USA and had project till today.. I have a location constraint in accepting projects as my family lives in NJ. My Current company unable to find project in NJ so they advised me to go on leave of absence and change the status to H4 to stay in US instead of going back to India..i have i94 till 2017 nov..
So iam looking for options now..
Can i stay in USA without paycheck for a month or so.. I have my latest paycheck coming today..
Second one is file dependent petition with my husband's and search for the employer who can initiate H1b transfer..

Is it possible to file H1B transfer while h4 petiiton is in progress..

[raghvi]

Thank you for the advice

This is more detailed Situation:

I travelled in jan 2014 to USA and had project till today.. I have a location constraint in accepting projects as my family lives in NJ. My Current company unable to find project in NJ so they advised me to go on leave of absence and change the status to H4 to stay in US instead of going back to India..i have i94 till 2017 nov..
So iam looking for options now..
Can i stay in USA without paycheck for a month or so.. I have my latest paycheck coming today..
Second one is file dependent petition with my husband's and search for the employer who can initiate H1b transfer..

Is it possible to file H1B transfer while h4 petiiton is in progress..

If you are in H1 status you cannot stay without getting paid. H1 to H4 can take 6-8 Months.

This is my opinion not legal advice.