H1 to H4

M

MTS

Registered Users (C)
Hi,
I have a quick question for which I need an answer rather urgently.
I am presently on an H1 but ahve applied to transfer to an H4 so I can live with my husbandwho is in a different city.
If I have applied for a transfer from and H1 to an H4, will I be out of status if I leave my job but the H4 has not yet been approved? Will this affect the green card process? We are waiting for the I 140 approval.
Thanking you in advance,
MTS
 
No. You can start being on H4. Since you applied for h4 before "quitting" being on h1, your status is protected. This will not affect green card. Generally h4 is granted from receipt date (and not from approval date)
 
Thank you Jaxen

Thank you so much for your help! Really puts my mind to rest.
 
Complication - please help

Jaxen,
I just checked the online status and it says that they ahve asked for addition papers and evidence. What does that mean, will it affect my case, can I still leave the job?
Thanks for all your guidance!
 
Yes, you can still leave your job. The RFE indicates that INS wants additional information to adjudicate your case.

I would argue that it is actually unwise and dangerous for you to keep working since let's say your COS to H-4 is approved 5/1/03. You may not get the approval notice and know that your case was approved until 5/10/03. Your H-4 status began upon approval (assuming that you requested an effective date prior to 5/1/03) and it would then become illegal for you to work but you would not be aware of the approval until 9 days later. By then you would have worked without authorization and this could cause big problems in the future.
 
Thanks Jim

Thanks Jim,
YOur reply has been extremely useful, and I often woonder why our lawyer could not and will not support this stance. Unfortunately I can't change him as he is part of the organization my husband works with.
But you have been a great help and I will let loads of people know about you!
Thanks,
MTS
 
How to deal with the new memo, H1->H4->H1

Hi,

I have a urgest question to solve.

I worked on H1 for company A till Dec. 15, 2002 (H1 expire 2004).
Since I lost job on that date so I applied H4 on 01/03/2003, still waiting. Now I found a job and the company wants me to work as soon as I can. How should I apply a new H1 or H1 transfer? Do I have to cancel my pending H4? Thanks.
 
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