H1->H4->H1, transfer H1 or new H1 in the last step

[pekinger]

Hi, I heard some lawyers said for somebody did H1->H4, when they find job, they could do H1 transfer instead of new H1.

The reason they gave is: law said one should keep legeal H-visa w/o interuption to transfer H1. Since the immigration law said H-visa instead of H1 visa, and H4 is also an H visa, so one can still transfer the old H1 vias after being H4 for a while.

Is this doable or is there any success case? If INS is ok with this, what about when H1->H4 is pending, is it still filable as H1 transfer?

any thoughts?

 

[jaxen]

Ask the lawyer to read the memo

In the PDF version of AC21 Memo, it clearly states that congress has not given any guidance with respect to the specific example you raise (i.e. is portability available for somebody who held h1 status before current status?).

In the same para it says that INS will come out with a proposed rule to address the issue. So far it has not. The text also warns that , just because this example was raised , this "shall not be used as a standard adjudication by service personnel ..."

Everybody is waiting for INS's final regulations on this (and many other ) matters...