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URGENT: H4 to H1

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  • URGENT: H4 to H1

    Hi!
    When I was in India, my company A applied for H1B in April 2007. I came to US on H4 in May 2007 and still my H1 wasn't approved. In June 2007 H1B was approved. In the meantime I got an offer from a Company B and i accepted it and they applied for H1B transfer and requesting for a change of status. They got an RFE and responded to it and last week my case was rejected.
    So i contacted Company A to apply for a change of status as my H4 is expiring in July 2008. They agreed to do it.
    Kindly let me know if there will be a problem as H1 transfer was rejected and since my H1 petition is still valid will there be chances of H4 to H1 getting rejected again?

    Please reply at the earliest.

    Thanks,
    SV

  • #2
    H1 woes

    When I was in India, my company A applied for H1B in April 2007. I came to US on H4 in May 2007 and still my H1 wasn't approved. In June 2007 H1B was approved. In the meantime I got an offer from a Company B and i accepted it and they applied for H1B transfer and requesting for a change of status. They got an RFE and responded to it and last week my case was rejected.
    So i contacted Company A to apply for a change of status as my H4 is expiring in July 2008. They agreed to do it.
    Kindly let me know if there will be a problem as H1 transfer was rejected and since my H1 petition is still valid will there be chances of H4 to H1 getting rejected again?

    ---- Each application from each company is treated on its own merit. The factor that may weigh in this case is the RFE. If the COS is accepted and the H1 approved then you are good to go. However, if there is an RFE be sure address it appropriately. Depending on where the RFE is directed, you and the company should be able to take assistance of a good attorney to overcome this issue (Once again this is in the event that an RFE is requested from you or the company)

    ---- In the meanwhile you can research the company's credentials and their track record to find their genuinity and trustworthiness. If you have colleagues and friends in this company secure more information on their status in the market

    ---- It is after all very easy to jump and join this company as they have offered you employment and transfer of H1. At the same time your groundwork will save you a lot of time and of course your career.

    ---- Very few people have the opportunity and luxury that you have and not many peole can make a career. You are one of those lucky ones. Make good use of this opportunity and enjoy your life

    Subramanya

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