HELP: New H1 while waiting for H4

snow_white

New Member
I got a job offer, but the company is saying they can\'t proceed my H-1 because I was out of status for 4 business days. That is; my last pay stub was dated on Feb 9, and got my H4 receipt notice on Feb 15.
The company told me I need to wait until I will get my H4 approved, then start new H1.

1. Any opinions on this situation?
2. How long does it take to get H4 approved?
3. Is there any way (like premium processing) to put H4 on fast track?

Thanks,
 
were you on H1 before and you applied for H4 which is pending?

And now you want to do H1 again?
If the above scenario is right then answers are

1. When was the H4 applied? Where did you get the Feb 15? From fedex receipts or 797 receipt notice or is it the notice date of the receipt notice? You could withdraw H4 and proceed with a h1 to h1. Might require travel outside to get the new I94. But you could spend the 1000$ on a gainful H1 instead of H4

2. H4 approval depends on service center. If you have a receipt number you could call the INS after hours and get an estimate of processing time (gotto check the AVM occasionally though)

3.You can put H4 thru premium processing.
 
H1->(H4) -> H1

Thank you, jaxen.

I was on H-1B until I got laid off on Feb 8. On Feb14, I filed H4 on VSC, and got the 797 receipt notice on Feb 15.

I got a new job offer in April from a company, but the company is saying it can’t proceed a H1 to H1 because there are 4 days gap between my last day (Feb 8) of H1 and filing H4 (Feb 14). It said since there is no grace period for H1, I was out of status for 4 days, and they can’t proceed anything before I will get H4.
Any advices?
 
My opinion does not matter...

If that company is not ready to H1 to h1 nothing can be done about it. But INS takes (currently) only 90 days or more out of status seriously. You can tell your new employer that you are ready to risk INS asking you to go out of US for I94, but it is theoritically still risky.
 
Top