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COS, H1B-H4B-H1B, pLEASE HELP

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  • COS, H1B-H4B-H1B, pLEASE HELP

    I am presently on H-1 working as a Physical therapist for a company ,A. The nursing home I work for is being bought by another company, B. The takeover happens on 1st may 2011. The company, B wont know if the deal
    goes through till 15th April. They have indicated they will hire me but can't offer me the position and start the transfer of H-1B visa till then.My concern is, the time might be be too little to complete the
    They might not be able to file the transfer til 10-15 may. My Questions are:

    1) Should I file H-4B to avoid going out of status for those 10-15 days ?
    2) If I do, what happens if my H-1b petition is approved before H-4B does?
    3) How do I get my status changed back to H-1B, if my H-4B is approved after H-1B? (Can I use automatic revalidation by going to Canada or is it possible to do it without stopping work at all by filing COS)
    4) What are the risks, if my husband looses his JOB, when my H4B is pending.

    Note : I have my I140 approved with company A, PD of June 2009 with I94 valid till March 2012. I might be able to continue working with them at a different location at hour and half drive from my place.Should I continue
    working with them for immigration safety purposes.

    Thanks
    I will highly appreciate a reply

  • #2
    1) Should I file H-4B to avoid going out of status for those 10-15 days ?
    >>> Either file the COS to H4 or leave the country and return back when the H1B transfer.

    2) If I do, what happens if my H-1b petition is approved before H-4B does?
    >>> If the H1B petition is approved, you can continue to work until the H4 gets approved (with new I-94). Once the H4 gets approved, you can no longer work until you change your status back to H1B.

    3) How do I get my status changed back to H-1B, if my H-4B is approved after H-1B? (Can I use automatic revalidation by going to Canada or is it possible to do it without stopping work at all by filing COS)
    >>> The best option is to leave the country and return back with the approved H1B petition and the old H1B visa with company A (if it remains valid). Make sure to return the all the I-94s when you leave the country.

    4) What are the risks, if my husband looses his JOB, when my H4B is pending.
    >>> H4 is associated with H1B. When H1B goes out of status, so does H4.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      I highly appreciate the reply.

      My problem is my visa was with another company Z and expired on 15th Feb 2011. However transfer was applied by company A and I have a valid I94 till March 2012.

      a) In this situation , can I use automatic revalidation by going to Canada to get my status changed from H4 to H1 or it is advisable to file COS to H1B using premium processing, so I dont have to stop employment for a long time. ?

      b) If I file for H4 now, and an H1 after 10-15 days, do I have to wait for H1 petition to be approved before I can start working or just getting a receipt would do?

      Hoping to hear from the experts. Please help.

      Comment


      • #4
        Please help..
        Dont know what to do.

        Comment


        • #5
          a) In this situation , can I use automatic revalidation by going to Canada to get my status changed from H4 to H1 or it is advisable to file COS to H1B using premium processing, so I dont have to stop employment for a long time. ?
          >>> You need to return your I-94 associated with the H4 when you leave the country and get a new one by entering in H1B visa. So you need to get the H1B stamped to re-enter in H1B status.

          b) If I file for H4 now, and an H1 after 10-15 days, do I have to wait for H1 petition to be approved before I can start working or just getting a receipt would do?
          >>> Since you are in H1B status now, once you file the H4, you can continue to work until the H4 gets approved. Once H4 is approved yu cannot work. You will have to wait until the COS from H4 to H1B gets approved. Filing multiple petitions is never advisable.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment

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