H4 approved during H1 transfer

[maldita]

Hello everyone!

The last day of my previous job was June 4, 2005. Before this date (about last week of May) I filed COS to H4 (my husband is H1). Recently, I got a job offer and my H1 transfer was mailed to INS July 14. My problem is, today I received from the mail that my COS to H4 was approved July 13. I do not know how will this affect my application for H1 transfer. Do I have to file a new H1 petition, pay again the application and legal fees? Or use the petition that was sent July 14 and process it by premium processing? I need to start my job on August 1. I am confused and do not have peace of mind right now. The financial matters and time bother me a lot. What's the best thing for me to do? Please respond.

Thanks.

mal

 

[dude40004]

I am facing similar issue...any help ??

I am having the similar issue. My last company's H1 Visa was till June 15, 2005. New company applied the H1 petition and the receipt date is June 3, 2005. Based on that receipt I switched to new company on June9th. Yesterday only I got my H1 approval which shows validity dates from July 13, 2005 to Sep 2006. I am so confused and fear that if I will be considered out of status for the gap [ from June16th to July12th] ? Any advice on this will be appreciated. Lawyer is cool and says that it is a new practice with INS that they do not issue the backdate H1s. However since you have filing receipt which proves that you filed before the expiration of previous H1, so you could work legally and there is not danger to be considered as out of status..however I am not fully convinced and htink that this may arise as an issue when I have my greencard interviews or so ...I have my I-140 and 485 already filed with INS.

Please advise .....

 

[great guru]

I am having the similar issue. My last company's H1 Visa was till June 15, 2005. New company applied the H1 petition and the receipt date is June 3, 2005. Based on that receipt I switched to new company on June9th. Yesterday only I got my H1 approval which shows validity dates from July 13, 2005 to Sep 2006. I am so confused and fear that if I will be considered out of status for the gap [ from June16th to July12th] ? Any advice on this will be appreciated. Lawyer is cool and says that it is a new practice with INS that they do not issue the backdate H1s. However since you have filing receipt which proves that you filed before the expiration of previous H1, so you could work legally and there is not danger to be considered as out of status..however I am not fully convinced and htink that this may arise as an issue when I have my greencard interviews or so ...I have my I-140 and 485 already filed with INS.

Please advise .....

Your attorney is perfectly correct on your case. If you would have filed your petition after expiry of your previous visa (June 15,2005), then you are out of status.