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H1 Approved. Project cancelled H1 to h4

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  • H1 Approved. Project cancelled H1 to h4

    Hi All,

    I just got an email saying h4 to H1 petition on my behalf is approved. The petition took 3 months to resolve and the project got cancelled in the mean time. I have been on h4 from last year with a valid I94 till Sep 2017. The notification came today June 23rd and as such no details are available as such including the approved I797 or COS status. What should be my next steps. I am not sure if I should join the company? I am thinking of filling a COS back to H4. Please help.

  • #2
    Originally posted by isidhu View Post
    Hi All,

    I just got an email saying h4 to H1 petition on my behalf is approved. The petition took 3 months to resolve and the project got cancelled in the mean time. I have been on h4 from last year with a valid I94 till Sep 2017. The notification came today June 23rd and as such no details are available as such including the approved I797 or COS status. What should be my next steps. I am not sure if I should join the company? I am thinking of filling a COS back to H4. Please help.
    Did the H1 approval I797 come with an I94 of its own?

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    • #3
      Originally posted by raghvi View Post
      Did the H1 approval I797 come with an I94 of its own?
      I am currently in the US on H4. This approval just came through (June 23rd) on the My USCIS page, so USCIS has probably mailed all documents but they are still in transit. I am assuming a new I797 was issued. Just trying to plan ahead because things really start to fall apart pretty fast on H1.

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      • #4
        Originally posted by isidhu View Post
        I am currently in the US on H4. This approval just came through (June 23rd) on the My USCIS page, so USCIS has probably mailed all documents but they are still in transit. I am assuming a new I797 was issued. Just trying to plan ahead because things really start to fall apart pretty fast on H1.
        Was H1 applied as COS?

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        • #5
          Originally posted by raghvi View Post
          Was H1 applied as COS?
          Yes it was.

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          • #6
            Originally posted by isidhu View Post
            Yes it was.
            Then you should be working and getting paid by the employer as soon as they receive the petition.

            This is my opinion not legal advice

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            • #7
              Originally posted by raghvi View Post
              Then you should be working and getting paid by the employer as soon as they receive the petition.

              This is my opinion not legal advice
              Ya that is how it is supposed to work. But I for one would rather have a plan b than hope it all works out. I plan to give it a month if things work out. If not I rather be in status than go to DOL and the whole procedure of hiring a lawyer. I am thinking if they pay I can always withdraw the petition. The employment agreement lists pay to be bi monthly. I am assuming the H1 will start once they get the I797 so probably next week. Please let me know if I am wrong or missing something.

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              • #8
                Update:

                UPDATE:

                I got the I797 from my employer on June 27th as anticipated. It lists the approval date of June 22nd. On june 28th I got an email stating the following from my employer:-

                As discussed, on June 22nd we got response from Company X that the position is closed. We do not have any other position for you at this time but in 2 weeks we can try to assign a new project for you. If needed, we will file your amendment when on-boarding you.

                I talked on the phone with them and they mention they are trying to file an amendment to the original approved I129 to push the joining date 2 weeks and talking to their clients for a new project.

                1. Is this possible (Pushing the date for joining)?
                2. What status am I in now? When am I supposed to start employment after a H1b approval? (Keep in mind COS was approved as well with the petition dated June 22nd.)

                Thanks

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