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H1 to H4 and then to H1

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  • H1 to H4 and then to H1

    I was on H1 till july 31st and took a break due to change of job.Filed for my H4 in july before my I94 expired and still its pending.I have to start my new job in Nov and my employer filed H1 premium processing requesting adjudication of my H4 on OCt 12th.Now i received email for RFE for my H4 on Oct 20th ,but still not received the hard copy of RFE .What will happen to my H1? What are my options here?Will they approve H1 before my H4 ?
    Last edited by nithu2000; 10-24-2011, 01:32 PM.

  • #2
    Since your I-94 has already expired, the H1B has been filed as a bridging petition. In order for the H1B to be effective (irrespective of whether it gets approved after or before the H4 approval), your H4 need to be approved. If the H4 gets denied, then you will have to leave the country and re-enter on H1B visa and H1B petition from the new employer.

    Check this post.
    http://www.immihelp.com/forum/showthread.php?t=93628
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      my i94 was NOT expired , i was never out of status

      Comment


      • #4
        Well, that doesn't matter in your case since you are no longer in H1B status. Do you have a valid H1B visa? If yes, then the alternative option is to go out of U.S and return back with the H1B petition and H1B visa which will get you an I-94 at the POE associated with the H1B petition. However, if the H4 gets approved later (with a new I-94) then your staus will change to H4.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          I don't have an H1 approved yet, its pending under premium processing.What are my chances of H1 getting approved before my H4. How can I prevent going back to India and start working in Nov? Can I refile my H1 if my H4 gets approved after my H1?

          Comment


          • #6
            Yes, you can refile a COS from H4 to H1B. The problem is, you cannot work until the H1B gets approved. You can go for premium processing again. It is just a lot of money that will get wasted.

            Originally posted by nithu2000 View Post
            I don't have an H1 approved yet, its pending under premium processing.What are my chances of H1 getting approved before my H4. How can I prevent going back to India and start working in Nov? Can I refile my H1 if my H4 gets approved after my H1?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              I responded to RFE on H4 and they have received it on Oct 25th.Now I received RFE on my H1B premium ( most likely its the H4 approval notice as per my lawyer ] Any one knows how long it takes for them to approve the H4 after they receive RFE? Its in the Vermont center.

              Comment


              • #8
                Anywhere betwee 1-3 months from receiving the documents for the RFE.

                Originally posted by nithu2000 View Post
                I responded to RFE on H4 and they have received it on Oct 25th.Now I received RFE on my H1B premium ( most likely its the H4 approval notice as per my lawyer ] Any one knows how long it takes for them to approve the H4 after they receive RFE? Its in the Vermont center.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Just wait for the H1 approval. You can only decide next steps after you have either H1 or H4 decisions in hand. If H1 was filed in premium, decision should be on it's way very soon. If specific bridging request was made, it is possible that USCIS will adjudge both the applications together.
                  This is my opinion and not legal advice.

                  Comment

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