I have H4 visa, but in a confusing status now. One company offered me a job and filed I-129 petition with change of status. The petition was approved several days ago, but the company cannot add me to its payroll because of funding problem. So they decided to withdraw the petition. My question is what my status is now, H4 or H1? Am I out of status in these days (days after I-129 approval date)?
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Cannot be hired after I-129 approval
- Thread starter JennyW
- Start date
Originally posted by JennyW
I have H4 visa, but in a confusing status now. One company offered me a job and filed I-129 petition with change of status. The petition was approved several days ago, but the company cannot add me to its payroll because of funding problem. So they decided to withdraw the petition. My question is what my status is now, H4 or H1? Am I out of status in these days (days after I-129 approval date)?
I am not very sure of this but I think since your COS application is approved, you need to file for another COS to revert to H4.
Did the employer request USCIS to cancel/withdraw the H1 petition?
I have H4 visa, but in a confusing status now. One company offered me a job and filed I-129 petition with change of status. The petition was approved several days ago, but the company cannot add me to its payroll because of funding problem. So they decided to withdraw the petition. My question is what my status is now, H4 or H1? Am I out of status in these days (days after I-129 approval date)?
I am not very sure of this but I think since your COS application is approved, you need to file for another COS to revert to H4.
Did the employer request USCIS to cancel/withdraw the H1 petition?
Yes, the employer do cancel/withdraw the petition. I consulted from two lawyers, one said I should file COS, another said I might not file COS. They both are not clear about this situation. I think maybe the law doesn't mention about it. Another problem is if I file COS, I don't have the paystub to prove that I'm in H1-B status now.
I think I should describe more detail. Since the company decided to withdraw the petition, I don't have any evidents to say I'm H1-B now. My visa stamp and I-94 in my passport are both H4, and I even didn't see that approval! I assume the attorney would return all the forms to BCIS, including the I-797A with a I-94 attatched on it. Do I still need a COS?