H1 to H4 to H1 Visa ..Urgent!!!

M

maliniseelan

New Member
I was on H1 and got laidoff by my employer and so I applied for H4. I have not yet got my H4 approved. I have a job offer now. Should I apply for H1 transfer as my H4 is still pending or should it be a new H1. Also when can I start working. Please Advice.
 
Hi

Hi,

I am in similar situation like yours.Could you please help me with how can I get back to my old H4 status from H1. Actually I came here under H4, changed my status to h1, got laid off and now I want to go back to h4 as my husband is still in H1 visa.

I would appreciate if you could send me advice at
   saroj83@hotmail.com

thanks a million !!

Saroj
 
No Title

I was on H1 and got laidoff by my employer and so I applied for H4.
ANS: If you applied for H4 you will get the Reciept from INS in Few days and you will be fine.
 I have not yet got my H4 approved. I have a job offer now. Should I apply for H1 transfer as my H4 is still pending or should it be a new H1. Also when can I start working. Please Advice.
 YES, IF YOU HAVE A JOB OFFER Better Apply for NEW H1B, if you have just sent your H4 papers 5-6 days back and you have been laid off not more than 15-20 days you can Transfer H1 but I see a Problem here because you have applied for H4, transfer and new H1b take the same time and same Fees, better contact a good Lawyer.
 
File the form I-539

File the form I-539 for Visa status change, Pay the INS fees, Attach the copy of your husband latest H1B approval and his Passport pages, few of his Paystubs, your and his I-94 copy, copy of merriage cerificate and cover letter. Better go to any lawyer thay just charge 150to 200 for this work I hope INS fees is 120$(may be increased)
 
Good answer Gumnam but I\'d take a different approach

I\'d file an H-1 to H-1 "transfer and cancel the pending H-4. The actual situation is unclear and there\'s no reason in this case not to take a very agressive stance. If you want to be really safe, do it with premium processing. The person is either in H-1 or H-4 status and since there is no I-94 indicating anything but H-1 status, that would be my position. Status has been properly maintained by filing the H-1 to H-4 COS.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
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