H1- H4 (Pending) - H1 - Urgent: Jim, Jaxen & Others help

L

labor_or

Registered Users (C)
I was on a H1B and got laid off on Aug 1st (last pay stub was on Aug 1st). Applied for transfer to H4 on July 18th (as I knew my last day would be Aug 1st), received confirmation for this petition on July 21th. I have now got a consulting assignment and my H4 is still pending.

In this case what should I do:

1) Apply for H1B to H1B transfer based on portability laws, as I have never been out of status.
2) Apply for H4 (pending) to H1B transfer.

Thanks.
 
Jaxen,

Thanks for your prompt reply.

The company most probably will want to file regular H1B transfer, inthis case what should I do with H4. What if my H4 gets approved while H1B transfer is being processed? Also, will my new H1B petition be issued with a I-94 ? I am assuming that I can start working immediately once my H1B transfer is filed either in regular or premium processing - Is this a right assumption.

Thanks.
 
It is tricky...

Since you filed for h4, you cannot claim portability. Either you have to wait for H4 and then file a H4 to H1 or do the other way. yes there is a strong likelihood of you not getting a I94 along with the H1 ...
 
URGENT - H4 approved-H1 Prem.Proc pending-New job

I was laid off by company A. Applied for change of status to H4. Meanwhile, got a consulting job with company B. Applied for H1 transfer through premium processing while H4 was still pending. My H1 transfer with company B is still pending, but my H4 got approved 2 days ago.

I now have another job offer from company C and I want to take up this job. What should I do now?

1) Should I wait until my H1 for company B gets approved, and then file for an H1-H1 transfer to company C. But, I don't have any pay stubs from company B, as I was waiting for H1 visa approval to start working for company B.

2) Cancel the pending H1 with company B and do H4-H1 visa transfer to company C? Would I get an I-94?

Please advice what is the best option and also let me know if there are any other options. Thank you.
 
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