Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1B processing while H1 to H4 is in process

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1B processing while H1 to H4 is in process

    Hello members...I was on H1B and now converting to H4(Change of status application is in progress)...I have the following questions.

    1. If I get a job offer through another company who wants to process my H1, can they initate the H1B processing as a non-COS application?. Can it be done that way or it needs to be a COS only?.

    2. I have read in the forums that it is not a good idea to have multiple pending petitions with the USCIS and last action rule applies. My guess is if the H1 can be filed as non-COS application(if this is an option), does the last action rule come in picture?.

    I guess once the H4 COS and H1 petition is approved, i can leave the country and come back on that H1B petition. Is this understanding correct?. Kindly advise. Thanks.

  • #2
    1. If I get a job offer through another company who wants to process my H1, can they initate the H1B processing as a non-COS application?. Can it be done that way or it needs to be a COS only?.

    >>>> You can ask the employer to file without COS.

    2. I have read in the forums that it is not a good idea to have multiple pending petitions with the USCIS and last action rule applies. My guess is if the H1 can be filed as non-COS application(if this is an option), does the last action rule come in picture?.

    >>>> Last action rule only applies to petitions with COS

    I guess once the H4 COS and H1 petition is approved, i can leave the country and come back on that H1B petition. Is this understanding correct?

    >>>> That is correct, provided you have a valid H1B stamp.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks Shervin.

      So what i gather from you answers is that H1B non-COS application will not have any bearing on the H4 COS application right?.

      The other question I have is that if the H1B application is approved before the H4 COS application, can i leave the country and enter on H1B before the H4 COS is approved OR do i need to wait for H4 COS approval before I can leave.

      Comment


      • #4
        So what i gather from you answers is that H1B non-COS application will not have any bearing on the H4 COS application right?
        >>>>> Correct.

        The other question I have is that if the H1B application is approved before the H4 COS application, can i leave the country and enter on H1B before the H4 COS is approved OR do i need to wait for H4 COS approval before I can leave.
        >>>>> If you leave the country COS will get denied. If by chance, COS gets approved, your status will change to H4.
        Last edited by shervin143; 12-02-2009, 10:58 PM.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks Shervin.

          Comment

          {{modal[0].title}}

          X

          {{modal[0].content}}

          {{promo.content}}

          Working...
          X