H4toH1trouble

[szzn]

Hi... I had filed for my H1(was on H4) through a consulting company last year...that is 1Apr07..... after a long wait and a lot of confusion I finally received my approval this year.... The email notification said "approved this I129 petition for a nonimmigrant worker" and it said "approval notice sent". But even after a wait of 2 months I didnt receive my copy of I797(neither did the attorney nor the employer). Everytime I called up USCIS, the customer reps adviced me different things. Finally I filed a "service request" in March which requested for issuance of a duplicate approval notice. Till May I didnt receive any document at all. I had to wait for atleast 60 days before contacting USCIS again. So after 60 days I again called them up and requested for another copy. Now its June and I'm yet to receive any update from USCIS. Since I was on H4, I dont have an SSN, so I cant start working. I'm worried that I'm out of status. My husband & I are totally confused. We are really not sure what to do.
Appreciate if somebody could help me out. thanks

[txh1b]

Something doesn't add up. How can the notice get lost so many times? If the approval was a COS, you are out of status.

[szzn]

Is there any way for me to know if it was COS or not? I dont know why I'm not getting my I797. If I call up USCIS they say that since the mail was never returned to them they cant do anything about it. And my employer says he has been receiving every other doc from USCIS so its only problem with my documents. My consultant & the attorney are just asking me to wait till I receive an update from USCIS. I really dont know what to do. If I'm out of status right now.. then what should be my next step? Pls advice.

[txh1b]

I am guessing both the employer and attorney are partners in this. They would have definitely gotten the approval notice. In fact, USCIS sends 2 copies, one a courtesy copy for the employer and one for the attorney. There is no way it can get lost so many times. If it was the shady pay for your H1b type employer, then, he is just trying to avoid you as they will be responsible for paying you on a H1b even if you don't have a project as per the law.

Did you talk to the attorney directly?

Also, if you have travelled outside US and re-entered again after the H1b approval on H4, you are back in H4 status and have nothing to worry about the H1b status change.

[szzn]

I have not spoken to the attorney directly. Every time I ask my consultant he says the attorney will not take calls from the beneficiary directly. So its always a 2 step process. I talk to my consultant & he speaks with the attorney & vice versa.
I have not travelled out of US since my approval. I have been sitting at home not able to do anything. I was worried that I might not be allowed to re-enter without H1 stamping & I didnt want to risk that. But now I realised I'm in deeper trouble than I that.
My husband & I were pretty sure something had gone wrong because even we felt that it couldnt happen twice. Is there any way for me to track the mail?

[txh1b]

If you have a valid H4 visa, you can travel back on H4 and maintain proper status. You should not accumulate out of status periods of 180 days or more will lead to 3 year ban and 1 year or more to 10 years.

Talk to another attorney about your situation and act on it. Your employer is a liar and he does not want you to talk to them directly.

What if you schedule an appointment with the same attorney by paying out of your pocket to discuss your case? May be that will yield the truth as Attorneys are not going to lie keeping in mind that they are still professional and ethical.

[szzn]

We are ready to pay whatever amount it takes but my consultant is not ready to give me even the phone number of my attorney. I tried calling him even now and the concerned person with whom I was dealing is not available and others over there say they dont have any information.

[szzn]

If I go out of the country right now and if I receive my paper work while I'm out of the country, can I still come back on H1 status?

[DMX17]

If I go out of the country right now and if I receive my paper work while I'm out of the country, can I still come back on H1 status?

yes with a valid visa/I-797 approval notice/Offer letter.

[szzn]

That is one of the options I have right now... that is go out of the country and wait till I get my documents and come back with a stamping of H1 with all the valid documents.
Even now my consultant says since I have the email from USCIS which says my case is approved, its a valid document and I wont go out of status since I have that copy. Now I seriously doubt if he knows anything at all.

[txh1b]

You can come back on H4 and file for a COS when the H1b papers are available. Or rather, find another employer and get the approved H1b transferred.

[szzn]

thank you so much for all that info. Could you please clarify it a little bit more for me. You told me that I can come back on H4 itself and file for COS.
Does that mean that I can file COS with my old petition which has been approved already? So I dont have to worry about filing H1b petition again next year is it? If I leave the country and come back on H4 status itself, wont my H1b approval become void?
If I do find another employer and try for a transfer what documents would they need?(since I dont even have SSN, will that be a problem?) Do I still have to go out of country and get H1 stamping? If I have to go out of country for stamping will they ask for my paystubs from my previous employer?
I know I'm asking too many question. But so far nobody has helped as much as you have done today. So I'm taking the liberty to ask all the question which have been piling up in my mind.

[DMX17]

So I dont have to worry about filing H1b petition again next year is it?

Yes. You don't have to worry about filing an H1 since you already were counted (upon approval) in this year's cap.

Search for "remander option" on this forum.

[txh1b]

Travel does not void a H1b. I am not sure where people get all these information from. Travel voids a COS but H1b will be intact unless an employer revokes it or US consulate revokes it.

Employer revoking a H1b does not stop a person from using the already cap counted H1b granted and moving to a new employer.

Consulate revoking the H1b recaptures the cap number and the person has to apply for a Fresh H1b subject to the cap again.

[szzn]

Please let me know if I have understood this right. so I can go out of the country now(to overcome my out of status problem), come back on H4 again. But my H1b will still be intact & valid. And I just have to file for a COS again. Is my understanding right? If so how do I file for COS again then. Is there a separate form for COS?