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Query regarding L1->H4->H1

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  • Query regarding L1->H4->H1

    Hi
    I got my H1B in 2008 through some consultant A in US but never came to US. In 2010, I got married. My husband was working in US on H1. I came to US on L1 through my employer B in India. In Feb,2011 I left my job(employer B) and applied for H4. In April I got an offer from some other company C and they filed my application for H1b transfer under premium processing on 20th april. My H4 application is still under processing. I checked the status of H4 petition on USCIS site and it shows the status as "Request for Evidence" from 13th april 2011. I have not received any notice yet. I have few questions here:

    1) If everything goes fine for H1 and it gets approved in another 10 days, should I reply to RFE for H4?
    2) If I reply to RFE for H4, can I go and cancel my H4 petition after that? And if I do so, does that mean that I will be out of status for the time my H4 petition was under processing?
    3) What would be the appropriate way to handle this situation to avoid any problem later on?

  • #2
    It depends on whether the H1 petition is approved with change of status or without and also on the starting date for H1 status.
    In the meanwhile have you received the RFE? Have you left the L1 employer already? Has L1 I-94 expired?
    This is my opinion and not legal advice.

    Comment


    • #3
      "It depends on whether the H1 petition is approved with change of status or without and also on the starting date for H1 status."
      -> Does it mean that I have to wait till I receive my H1 approval notice?

      "In the meanwhile have you received the RFE? Have you left the L1 employer already? Has L1 I-94 expired?"
      I have not received the RFE yet. I called up USCIS customer care and they told me that I should wait for 15 days i.e till April 28.
      I left the L1 employer on Feb 28,2011 . My L1 I-94 is valid till Oct,2013.

      Comment


      • #4
        Query regarding L1->H4->H1

        Hi
        Can anyone please help me in this regard.. It will be of great help...

        Thanks...

        Comment


        • #5
          Since there is a gap between your L1 job last date and H1 start date (which will probably be the date it is approved), when your employer responds to the RFE, they should send a copy of your H4 COS receipt notice and a letter explaining everything. You are okay with illegal stay since your I-94 has not expired.
          This is my opinion and not legal advice.

          Comment

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