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H1 Premium, while H4 is pending

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  • H1 Premium, while H4 is pending

    Hi

    I was working on H1 till 02/2011 for 4 years, when I got laid off.

    I filed for COS to H4 immediately since my wife is on h1. I received the receipt (mar 2011) and H4 approval is still pending.

    Now I have got the job and my employer is ready to file for H1 premium processing.
    I just called USCIS and learned that It will take another 50 days before they can process my COS case.

    Question is:

    My employer is saying that they have to wait for H4 approval to go through before they can file for H1, meaning waiting for about 2 months. Is this true?

    2nd option is they can file for H1 , but I will have have leave US and get stamping and come back to start work. Is this right?

    Is there any other option?



    Please advise.

    Thanks
    Raj

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