H1 to H4 and back to H1

S

sandhya2003

New Member
Hello,

I worked for 2 employers so far.
1) I have a H1 visa from my 1st employer until sept 2005
2) When I changed my job, I have applied for my H1 transfer. But I lost the job even before I got the approval for transfer.
3) Then I applied for H4 visa 86 days ago, and is still in process
4) Now again, I got a job.

a)I believe I can still transfer my H1 visa as the H4 application is still pending. Is that right?
b)How can I terminate my H4 application?
c)Does it get terminated automatically when I apply for the transfer of my H1 visa.
d)Is it better to go for fast track processing in situations like this?
e)I heard about the H1 quota being over for this year. Does this have any affect on my case?

I appreciate your feedback.

Thankyou!
 
Yours is a convoluted one. You need an expert lawyer who has untangled similar messes to help you.

If you withdraw H4, you will be in illegal status or those 86+ days and in another 4 days you will be eligible for permanent damage.
H4 transfer application will terminate if you withdraw it or go out of USA. In order to get a h1 outside US,you need a new H1 (which is subject to cap).
 
Thank You, Jaxen2 for responding,

What if I do not terminate my H4 application until I get the H1 application receipt notice from INS?
Could you please explain what you meant by " You will be eligible for permanent damage in 4 days".
 
90 days is a danger milestone.

.......What if I do not terminate my H4 application until I get the H1 application receipt notice........

What if your H1 is also denied? You will be in illegal status right t-87 days...t= H1 denial notice date.
 
Unfortunately, my H4 has been approved on March 26th. And we have not applied for H1 transfer yet.
Is it now possible to still transfer from my previous H1 as I still have a valid H1 from my previous employer? Or, do I need to apply for a fresh H1. My last pay check was on nov 19th 2003. Either ways, Am I subject to the H1 cap? Please help.
 
If you have your H4 approved, then you will have to now change your status again to H1 if you'd like to work for your latest job offer. If your past H1s was/were counted against the cap earlier, then your new H1 should be exempt from Cap. Better have a good attorney to handle your new H1.
 
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