H1 to h4 and back to h1

Y

yd_nsk

Registered Users (C)
Hi,
I was laid off 2 weeks back. My company will be informing INS about it on July end. But to be on safer side i am going to apply for my change of status to H4.
1)If I receive an offer after I apply for H4 and my company send papers for New H-1; My H1 transfer is still possible if INS has not already approved the H4?
2) Should I wait till July end to file my h4 papers?
3) Is there any grace period?
4) Will anyhting from these affect getting my I-94 for new h1?

Thanks a lot!
 
depends on

All depends on whether you will have a paystub covering all this period until you will be applying for a new H4 or h1 transfer. If you don't then U might not get a I94.

U can apply H4 and then find an employer while it is pending and apply H1. After applying for h1, you should withdraw H4. Use a lawyer who will document all the overlapping and on status dates for you.

There is no grace period.
 
Thanks

Thanks Jaxen for your reply.
Last thing,
1)How INS determines the period of employment from paystub? Is it simply calculated 2 weeks after the date on last paystub ( Date on paystub is the date on day of lay off)
2)Is it possible that my old company may provide a letter saying that I was on unpaid vacation of 2 weeks adjoining the layoff period.

Thanks
 
Answers

what 2 weeks? Your last day is what your termination letter or paystub states (your paystub have a start and end date dont they?)
the 10 day grace period is for you to clean up and go home not for H1 transfer or COS to H4. however INS has approved such cases until about 1-3 months of out of status. So there is no official or logical outcome assured.

I am not aware of any INS policy about unpaid vacation. Different people have experienced different reactions from INS, mostly adverse when documents to prove unpaid vacation have been submitted. If you are in US and you claim that you are on unpaid vacation, INS will not belive you.
 
No specific date on pay stub

I was getting fixed salary and it was not based on hours. So my paystub do not indicate from and to date. It shpws just one date that the last date of my empoyment. What should I do?

Please suggest.
Thanks

:confused:
 
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