H1 out of status?

H

h1niwh4

Registered Users (C)
I hold h1-B visa to work for a company. But the company decided to lay off most of the engineer two months ago. To keep my status I was considered as temporary and part time employee in the company. The payroll is come from severance package and my vacation. So my terminate date was extended to June. I talked with HR people and company lawyer, they said my status should be ok.

Recently I found a new job in a non profit organization. But the lawyer in the organization said my current h1-b had problem if I want to transfer my H1-b. Since they may need my pay stub, but my current pay stub only showed part time.

Actually my h1-b visa expired in 1st March, 2003, the company already apply the extension for me last Dec. I don’t think I can get the notice action in next two months.
My question is:

To make things simple, I am going to apply H-4 visa, then I can apply the new h1-b based on h1, anyway I don’t need worry about the cap. My question is:

1)It takes time to get h4 approve, can I apply my new h1-b before I got the h-4 action notice?
2)Do you think is there any issue for my h4 application?
3)Is it necessary to hire a lawyer to process my h4 application? I asked one lawyer he wanted to charge $750.


Please advice.

Thanks a lot.
 
1)It takes time to get h4 approve, can I apply my new h1-b before I got the h-4 action notice?
n It seems you will apply H1 to H4 Change of status ( if your spouse is on valid H1B visa) once your H4 status gets approved then only you can again apply for COS from H4 to H1B
2)Do you think is there any issue for my h4 application?
------- I don’t know your full case details like your spouse if he/she has valid H1 status because H4 is for depenent of H1 holder
3) Is it necessary to hire a lawyer to process my h4 application? I asked one lawyer he wanted to charge $750.
------ it depends on your knowledge of filing, if you don’t want to take risk better file through lawyer and many do with range of 500 to$750
 
advice please

Thanks. My wife do have validated h1 visa.

n It seems you will apply H1 to H4 Change of status ( if your spouse is on valid H1B visa) once your H4 status gets approved then only you can again apply for COS from H4 to H1B

My question is can I apply new h1-b before I get H4 visa action notice?

If I don't need to worry about current h1-b caps for the new h1-b.
 
Thanks. My wife do have validated h1 visa.

n It seems you will apply H1 to H4 Change of status ( if your spouse is on valid H1B visa) once your H4 status gets approved then only you can again apply for COS from H4 to H1B

My question is can I apply new h1-b before I get H4 visa action notice?
------- You will file H1 to H4 status and H4 approval may take 4-7 months depending on service center .once you get the H4 approval then you again apply for H4 to H1 change of status and again to get H1 approval notice you have to wait 4-6 months time and you will be able to work on H1 only once you get H1 approval notice in hand (if no I-94 attched then you may have to go out of US get H1 Visa stamp and enter on H1 status if you get I-94 attached with your H1 approval notice then you can work and remain till date on I-94)
If I don't need to worry about current h1-b caps for the new h1-b.
----- If your last H1 was approved in last 6 years then your new H1 will not be under cap ( your lawyer knows the law)
 
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