Can i switch to h-4, while switching to h-1b?

S

srikanthsiva

Registered Users (C)
I was laid off in January and have an offer but it starts only in august.

Can i switch to h-4 in the mean time and also transfer my current h-1 to the new company which will be effective from august?
 
by textbook you can...

But the august H1 will be a H4 to H1. So you need a stamping(TO BE ABLE TO TRAVEL FREELY) and you have to wait for the approval before starting the job. Talk with your employer about strategy...
 
No Title

It may be a good idea to apply for H4 and latter apply for H1 when the offer is ready. As said in the previous posting, you need not wait until your H1 approval to join in the job. Since you were on H1B previously, you can join with the receipt from H4 - H1. It happened in my case and I was on H4 in the middle and I joined in the new job with my H1 receipt. Attorney told me as per the new law since I was on H1 previously, I am eligible to join with the receipt even though I was on H4 then. It all depends on how attorney interpretes the new law.

One more thing if your H4 is still not approved at the time of filling for new H1 ( or H4 - H1) make sure you cancel the H4. If for some reasons if H4 gets approved after your H1 approval, You will still be in H4.
 
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