From BCIS - Federal Register entries...

retain H1 status

Hi Jaxen,

I hope you can help me..

I came to US in Feb 2000 - started working for Company1 on H1 visa.
Had to apply for H1 extension through Company1 towards end of 2001 - got an extension until Feb 2004.

In May 2002 I changed jobs joined Company2 they filed for H1 which is valid until May 2005.

I got laid off June 15th 2004 from Company2 - I want to retain my H1 status.
Company1 has agreed to do my H1 again, but the person in charge is out of country and said we can wait till he comes back, i.e. 1 st week of July.He said we can do an offer letter dated June 16th 2004.

Q1. Does that work? or would it be better to do a H4 for me (it is complicated to change from H4 to H1 and hence I want to avoid that)

Q2. I have been here 4 years & 4 months only and still have 20 months left on my H1 but since I arrived late in the country since the 1st H1 was issued. How does one document all of this - to avoid rejections or lesser amount of H1 being issued.

Q3. Would my application be a H1 transfer?


Thanks a lot.
 
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