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COS form H1 to H4 (EMPLOYER seems not to hire due to GC)

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  • COS form H1 to H4 (EMPLOYER seems not to hire due to GC)

    Any senior members or Shervin :

    I got a job offer recently and the petition was approved on 05/04/2010. but the employer seems not intersted in hiring me,,,,as i was told i can get my GC done within 6 months time as i have only 2 years left on my 6 year term.....

    but he is backing-off now on that and i am planning to get my GC processed done thru my previous employer....

    Q1. Already 7 days gone after approval, if we file for COS now, will it get rejected as i wont have any paystubs...

    Q2. Is it a major issue getting rejected??? if that happens what do i do??

    Q3. What reason should be given on I-539 for not taking the offer???

    Q4. Some say, we can wait for a while and go out of country and return on with H4 stamping??? Is that a good idea....and what kind of response do we have to provide in the consulate in home country about the recently approved H1B petition???

    Q5. How do i get into H4 automatically, just with stamping and what will happen to that H1, the employer filed...How does it become inactive???

    Q6. After going out of country and getting back on H4, how do i get started on a new H1B with a different employer,,,,how will i do the COS with just H4 stamping in my passport??? (and no H4 approval notice on hand)

    Please advise.

    Thanks,

  • #2
    Q1. Already 7 days gone after approval, if we file for COS now, will it get rejected as i wont have any paystubs...
    >>> Hard to predict as you are out of status for the last 7 days. I told you in one of the previous posts to apply for the COS to H4 immediately. There is no point in asking questions in the forum on how USCIS will react to your petition as no one can predict it. Try and file for H4 asap.

    Q2. Is it a major issue getting rejected??? if that happens what do i do??
    >>> If the petition gets rejected, then you will have to leave the country and re-enter in H4 visa.

    Q3. What reason should be given on I-539 for not taking the offer???
    >>> Well, you would know the reason better than anyone in the forum.

    Q4. Some say, we can wait for a while and go out of country and return on with H4 stamping??? Is that a good idea....and what kind of response do we have to provide in the consulate in home country about the recently approved H1B petition???
    >>> You cannot wait for a while. You will have to leave immediately if the petition gets rejected. Usually the VO wouldn't ask about your H1B petition when you go for the H4 visa interview. If the VO asks you about the H1B, then you can explain them why you are not interested in the job.

    Q5. How do i get into H4 automatically, just with stamping and what will happen to that H1, the employer filed...How does it become inactive???
    >>> There is no such thing as getting back to H4 automatically. When you return back in your H4 visa, you will get a new I-94 for H4 which will put you back on H4 status. H1B petition remains valid until the date specified unless the employer revokes it. H1B petition can remain valid, that will not impact you when you are in H4.

    Q6. After going out of country and getting back on H4, how do i get started on a new H1B with a different employer,,,,how will i do the COS with just H4 stamping in my passport??? (and no H4 approval notice on hand)
    >>> You will need at least the H1B receipt number (It wil be better if you have a copy of the approval notice) if you want to do a COS from H4 to H1B on the same CAP. H4 petition is not needed. Copy of the I-94 from H4 will do.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Dear Shervin:

      Thank you so much for all the response you gave me.....

      Just need one advice, do i have to let the new employer know that i am not taking the offer before leaving out of country....He is not giving me the offer letter nor telling me OPENLY that he is not interested???

      Also how do i start the process for H4 Visa interview in home country???

      1.Do i have to book for the interview before leaving or can i just leave for now and book the date after reaching there??

      2. Can you give me the details of documents to carry and how to proceed further on this??

      Please advise...Thank u so much!!!

      Regards,
      vinod

      Comment


      • #4
        Just need one advice, do i have to let the new employer know that i am not taking the offer before leaving out of country....
        >>> Not necessary. But it is always better to send an email stating that you are no longer interested in the offer.

        He is not giving me the offer letter nor telling me OPENLY that he is not interested???
        >>> If your H1B is not revoked yet, then they should pay you as mentioned in I-129. Read this.

        https://www.immihelp.com/h1b-visa-em...int-procedure/


        Also how do i start the process for H4 Visa interview in home country???

        1.Do i have to book for the interview before leaving or can i just leave for now and book the date after reaching there??
        >>> You can do both.

        2. Can you give me the details of documents to carry and how to proceed further on this??
        https://www.immihelp.com/h4-visa-stamping-documents/
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Dear Shervin:

          Thank you so much for your efforts to reply me...

          I have contacted the attorney today, and tomorrow i am sending all the docs to file for COS to H4....I know i made a big mistake by delaying.,.....

          I am bit worried about all documentation i have to prepare if i go out of country....so thinking about filing for a COS, if it dosent work, then move out of country....

          Shervin, what do you think is the best???? i am sure i have to spend a lot!!!

          Thanks a lot for your time and efforts...

          Regards,
          vinod

          Comment


          • #6
            Yes. Most probably your COS to H4 will get approved without any RFE's for the pay slip as it is not too long since your H1B got approved.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Thank you shervin for your immediate reply. Very useful....

              Regards,
              Vinod

              Comment


              • #8
                Dear shervin:

                If i go out of country now....Will there be questions on unemployment...

                I have not been on job for past 8 months( as i was studying for exams in my profesion), now i got an offer which i am not taking, will that raise an issue if i go for H4 stamping in india....

                will i be stuck there...if i dont give valid reasons...

                I am planning to tell the new employer, i am not interested and leave the country in 2 or 3 days...will that be ok....

                Please advise....

                Thanks

                Comment


                • #9
                  You are not suppose to work when you are in not in a work visa. So there will be no issues.
                  Not a legal advice. Use of this information is strictly at your own risk.

                  Comment


                  • #10
                    Dear Shervin:

                    I will get my new H1B APPROVAL NOTICE Tomorrow, so if i leave the country for H4 stamping, should i just show the I-94 from my H4 approval notice or should i also take along with me the I-94 of the New H1 approval notice....

                    What if the VO in home country ask about the NEW OFFER which i haven't taken, inspite of not having job for past 8 months......I just dont want to take up as the new employer is not ready to do my GC...

                    what reason shall i tell them in the consulate regarding this??

                    Thanks,
                    vinod

                    Comment


                    • #11
                      I will get my new H1B APPROVAL NOTICE Tomorrow, so if i leave the country for H4 stamping, should i just show the I-94 from my H4 approval notice or should i also take along with me the I-94 of the New H1 approval notice....
                      >>> You need to return all the I-94's before you leave the country. Otherwise your H1B I-94 will remain open.

                      What if the VO in home country ask about the NEW OFFER which i haven't taken, inspite of not having job for past 8 months......I just dont want to take up as the new employer is not ready to do my GC...
                      >>> You just got the approval notice man. They wouldn't care about it as you are going for the H4 stamping. No one in the consulate will care whether you took the job or not. They won't care about the reason for not taking the job. All that they care is whether you have maintained your valid visa status or not when you are in U.S.

                      You seriously need to chill out and take this easy. You are doing the right thing and there is no reason why you wouldn't get the H4 stamped successfully. Just carry all the required documents.
                      Not a legal advice. Use of this information is strictly at your own risk.

                      Comment


                      • #12
                        Dear Shervin:

                        Thank you so much for your immediate response...

                        All the info what you have given are very useful....

                        Thanks a bunch!!!

                        Regards,
                        Vinod.....

                        Comment

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