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H1 to H4 to H1 Urgent

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  • H1 to H4 to H1 Urgent

    I have applied for H1 to H4 COS 3 weeks back (h1 valid till sept 02,2010) and got receipt from USICS .

    Now i got assignment . Can I apply for H1 transfer(from old employer to new employer) while COS (h1->h4) is in Pending? Please Advise asap.

    thanks

  • #2
    Yes. You can transfer the approved H1b to a new employer but will not be valid until Sep.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Originally posted by txh1b View Post
      Yes. You can transfer the approved H1b to a new employer but will not be valid until Sep.
      I don't understand why it not valid till Sept 2010.
      When should i cancel/revoke H4 petition which i have applied 3 weeks back.After getting new h1 petition or before?

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      • #4
        First step, cancel the H1 to H4 transfer, which is pending. Then transfer h1 to h1 to new employer with 2 latest paystubs.

        Or otherwise, if your h4 gets approved, you need COS h4 to h1 and if you have assignment waiting for you then process it with premium.

        [Note:- I am sharing my views, contact your attorney for the best advice]

        Comment


        • #5
          Originally posted by sri111 View Post
          I don't understand why it not valid till Sept 2010.
          When should i cancel/revoke H4 petition which i have applied 3 weeks back.After getting new h1 petition or before?
          I understood that your H1b start date was Sep 2nd, 2010. My bad.

          Anyway, if you want your transfer to be approved as a EOS, you should have been on H1b currently and getting paid. Read about "bridging" on the forum.

          Cancelling the H4 COS may be risky unless the new H1b is filed as a Premium case. You will understand why after reading bridging posts.
          Last action rule applies in all cases.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            Originally posted by milda View Post
            First step, cancel the H1 to H4 transfer, which is pending. Then transfer h1 to h1 to new employer with 2 latest paystubs.

            Or otherwise, if your h4 gets approved, you need COS h4 to h1 and if you have assignment waiting for you then process it with premium.

            [Note:- I am sharing my views, contact your attorney for the best advice]
            Not a good idea to cancel the H4 COS immediately. Better get the H1b approved and deal with H4 cancellation. Read about bridging to understand why.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment

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