Here is my situation,
- Currently working in employer->vendor->client structure.
- First 3 years of H1B/I94 expiring sept 29, 2010
- Current employer didnt file for H1B extension hence changing employer (still same vendor/client)
- New employer filed for LCA on sept 23, 2010 but not approved yet. Hence, can't file for H1B transfer in time.
- I will stop working sept 29, 2010. I have option to go H4.
Need opinion on following,
* Using H4 - Employer suggests not to go for H4 since parallel filing of H1B transfer & H4 can create complications. Especially if we get H1B approved before H4 and later we have to revoke H4 application it can mess up approved H1B.
* Unspoken grace period - Going out of status for a couple of weeks while H1B tranfer is being filed is better choice because you are not changing status H1B-H4-H1B and hence you can start working as soon as LCA is approved and H1B transfer is filed.
* In worst case - lawyer thinks remaining out of status for <180 days shouldnt affect me in filing for H4 or future H1B. Of course I wont wait that long, two weeks at max.
- Currently working in employer->vendor->client structure.
- First 3 years of H1B/I94 expiring sept 29, 2010
- Current employer didnt file for H1B extension hence changing employer (still same vendor/client)
- New employer filed for LCA on sept 23, 2010 but not approved yet. Hence, can't file for H1B transfer in time.
- I will stop working sept 29, 2010. I have option to go H4.
Need opinion on following,
* Using H4 - Employer suggests not to go for H4 since parallel filing of H1B transfer & H4 can create complications. Especially if we get H1B approved before H4 and later we have to revoke H4 application it can mess up approved H1B.
* Unspoken grace period - Going out of status for a couple of weeks while H1B tranfer is being filed is better choice because you are not changing status H1B-H4-H1B and hence you can start working as soon as LCA is approved and H1B transfer is filed.
* In worst case - lawyer thinks remaining out of status for <180 days shouldnt affect me in filing for H4 or future H1B. Of course I wont wait that long, two weeks at max.