URGENT Help Required _ LCA posting and H1B petition filing

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vinodk366

Registered Users (C)
Hi folks:

I was on H4 and got an offer recently,,,i sent all the documents for COS to H1B on 5th April,,,,,,but they havent got back to me on my Receipt notice or Approval notice till now....

I am worried whether the employer filed for my TRANSFER.....

When i contacted they sent me the LCA that was posted in the facility only on 21st APRIL....so does it mean they haven't filed my H1B petition till 21st APRIL.....

Does H1B petition filing occurs only after LCA Posting is done or can be done prior to LCA posting.

Please advice.

Thanks,
vinod
 
vinodk366 said:
Hi folks:

I was on H4 and got an offer recently,,,i sent all the documents for COS to H1B on 5th April,,,,,,but they havent got back to me on my Receipt notice or Approval notice till now....

I am worried whether the employer filed for my TRANSFER.....

When i contacted they sent me the LCA that was posted in the facility only on 21st APRIL....so does it mean they haven't filed my H1B petition till 21st APRIL.....
-----------------------It seems they have not filed H4 to H1 Change of status. Did you sign any Form?
Does H1B petition filing occurs only after LCA Posting is done or can be done prior to LCA posting.
-------------------------Employer must file approved LCA with H1 petition.

Please advice.

Thanks,
vinod
Click to expand...
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They sent me the form and i sent the signed form on 28th (LCA signature sheet),,,, they have filed the H1B petition on 29th....I was not aware they can file only after getting my signature for LCA

Now they have filed the H1B petition.....

I got caught up with these guys as i was not really interested in joining them.... as they got my documents 1 month back and never replied me for a month....

As you have mentioned in my other thread I am planning to join them or reject the offer only after getting the APPROVAL NOTICE with I-94 on hand.
PREVIOUS H4 and enter US on a H4...

Please advise...Urgent help required.

Thanks,
vinod
 
vinodk366 said:
They sent me the form and i sent the signed form on 28th (LCA signature sheet),,,, they have filed the H1B petition on 29th....I was not aware they can file only after getting my signature for LCA

Now they have filed the H1B petition.....

I got caught up with these guys as i was not really interested in joining them.... as they got my documents 1 month back and never replied me for a month....

As you have mentioned in my other thread I am planning to join them or reject the offer only after getting the APPROVAL NOTICE with I-94 on hand.
PREVIOUS H4 and enter US on a H4...

Please advise...Urgent help required.

Thanks,
vinod
Click to expand...
If you get the H4 to H1 Cos approved and H1 approval notice has I-94 then it means your Status is Changed to H1 and if you dont want to join them on H1 and have Valid H4 visa then go out of US To Canada/Mexico/your home country and Enter on H4 status and you will get I-94 based on H4 visa stamp.
 
Hi ginnu:

Thank u for ur reply....

Since they have already filed the petition for H1, my status is obviously going to change from H4 to H1.

I can only come back again to H4 only after getting the NEW H1 APPROVAL NOTICE and then filing again for H4 right.

Is there anyway I can use the current H4 notice and go out of country for stamping....

Please explain.....

Thank u for ur efforts.

Regards,
vinod
 
Hi Ginnu:

I don't have a VALID H4 visa Stamped in my passport....It was just a COS from H1 to H4, as i had to pass some exams in my profession.

So as such i only have my INTIAL H1 stamping in my passport..... I never did any H4 stamping......
 
vinodk366 said:
Hi ginnu:

Thank u for ur reply....

Since they have already filed the petition for H1, my status is obviously going to change from H4 to H1.


I can only come back again to H4 only after getting the NEW H1 APPROVAL NOTICE and then filing again for H4 right.

Is there anyway I can use the current H4 notice and go out of country for stamping....

Please explain.....

Thank u for ur efforts.

Regards,
vinod
Click to expand...

You may get H4 to H1 COS approved with I-94 and your H4 to H1 COS may be denied if filed by Desi consulting company as USCIS is after Desi consulting companies who violated H1 rule/regulation in past or kept employee on Bench or someone filed complaint again company with DOL to recover the wages. All depends on company and the paper work filed by lawyer.
If you want to be on H4 again the day you get H1 approval notice with I-94 next day file H1 to H4 COS with USCIS or Go out of US get H4 visa stamp and enter on H4 status.
If you don’t want to be on H1 then the employer CAN withdraw the H4 to H1 COS by writing to USCIS once they get COS filing receipt and will need the COS filing reciept copy to withdraw COS. for more info talk to your lawyer.
 
Hi Ginnu:

The COS from H4 to H1 is done by an US company,,,so no such issues..

I will file back to H4 once i get the approval notice....

I just need one clarification...... IF THE EMPLOYER DOSEN't provide me the APPROVAL NOTICE and i go out of country to put myself back on H4....

What kind of questions I would end up getting from the Consulate???
I am a male and have been depending on my wife's H4 for the past 8 months , for preparing for my exams in my profession......?????So will that rise more questions from VISA OFFICER???
What can i tell them if the NEW COMPANY DO NOT PROVIDE ME my H1 APPROVAL NOTICE in hand.....??????
How can i justify myself infront of the visa officer,why i want to be on H4 again?????
Once i travel back home for entry on H4, how earlier i should get an appointment for stamping.... or is it safe once I travel out of US and get an appointment at consulate at my earliest convenience??????? (my H1 time will still be rolling right???)
Please advise....Thanks a lot for your time....

Regards,
vinod
 
Last edited by a moderator:
vinodk366 said:
Hi Ginnu:

The COS from H4 to H1 is done by an US company,,,so no such issues..

I will file back to H4 once i get the approval notice....

I just need one clarification...... IF THE EMPLOYER DOSEN't provide me the APPROVAL NOTICE and i go out of country to put myself back on H4....
---------------------Employer should give you H1 approval notice as your H1 approval notice may have I-94 attached and you need to give that I-94 before you go out of US.
What kind of questions I would end up getting from the Consulate???
-------------------That depends on Visa officer.
I am a male and have been depending on my wife's H4 for the past 8 months , for preparing for my exams in my profession......?????So will that rise more questions from VISA OFFICER???
----------------I dont think you did any mistake to be on H4 many many wifes are on H4 and DOS does not care if you are Wife or Husband on H4 status and they dont care about your gender to be on H4.
What can i tell them if the NEW COMPANY DO NOT PROVIDE ME my H1 APPROVAL NOTICE in hand.....??????
-----Get the Copy of H4 to H1 filing reciept.
How can i justify myself infront of the visa officer,why i want to be on H4 again?????
------ They are not going to ask your Intent on H4 or H1. H4 is based on your spouse H1 status. Question of Intent is for Visitor Visa H1 and H4 are DUAL Intent Visa.
Once i travel back home for entry on H4, how earlier i should get an appointment for stamping.... or is it safe once I travel out of US and get an appointment at consulate at my earliest convenience??????? (my H1 time will still be rolling right???)
----?????
Please advise....Thanks a lot for your time....

Regards,
vinod
Click to expand...
If you dont want to be on H1 then you can go out of US once H4 to H1 COS is filed and you get reciept. FYI the Change of Status is Abounded if one goes out of US after filing of COS or Before approval of COS.
 
Hi Ginnu:

Thank you for all the time you have taken to reply me....

Right now i am getting an indication they will not give me the receipt number and asking me to wait till they get the approval notice....

I am just planning to wait till i get my approval notice ......You say i need the I-94 to go out of the country.....If they dont provide me the APPROVAL NOTICE AND I-94, then what will happen, is it like i cant go out of the country and will i be stuck with the employer?????

Can't I just go out and come back with a H4 stamping under my wife?????

Is it not illegal for the company, NOT TO PROVIDE THE APPROVAL NOTICE& I-94, before a person joins them.....

Please advise.....

Regards,
vinod
 
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