Filing H1-B when H4 case is pending

P

ptri

New Member
I was on L1 and was laid off in Jan 25, 2008. I filed for H4 on 23rd January and have my H4 case receipt. Now, I have got my job and my employer wants to file H1 for me.

Is there any issue in filing H1 on H4 receipt? Please let me know the issues.
 
You need to use the H-4 (current legal status) to file a COS to H-1. Not sure about the logistics, but that's what I would do in your case.
 
Thanks for the reply.
This means that I will use my H4 case receipt to file for H1 because H4 is still not approved by USCIS.
 
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