MTR questions

M

MTRpending

New Member
Hi, My H1 transfer petition to a new company was issued an RFE. After submitting evidance for the RFE, the RFE also was denied. I have applied for a Motion To Reopen. Regading this, I had couple of questions:

1. In the above scenario I want to switch to H4 (while the MTR is in progress) and then apply for a new H1, If in the mean time, the MTR is successful and MTR H1 petition gets approved, can I immediately do a change of status from H4 to MTR H1 ?

2.Also can I change status and start work with the H1 receipt without the new H1 stamping or do I need to wait for the H1 approval and stamping done before I start working?

3. Will changing to H4 nullify the MTR ?

4. Also will changing to H4 instead of waiting for the MTR denial and then doing a change of Status to a new H1 decrease the chances of problems for a subsequent visa stamping on that new H1?

Can someone please reply as I am not able to get a clear reply from the company attorney?


Thank you very much.
 
z
MTRpending said:
Hi, My H1 transfer petition to a new company was issued an RFE. After submitting evidance for the RFE, the RFE also was denied. I have applied for a Motion To Reopen. Regading this, I had couple of questions:

1. In the above scenario I want to switch to H4 (while the MTR is in progress) and then apply for a new H1, If in the mean time, the MTR is successful and MTR H1 petition gets approved, can I immediately do a change of status from H4 to MTR H1 ?
Better switch to H4 irrespectve of MTR results. If MTR also unsuccesful you may be out of status.

2.Also can I change status and start work with the H1 receipt without the new H1 stamping or do I need to wait for the H1 approval and stamping done before I start working?

H1 approval (Transfer) is always required before start working, incase not approved what will you do. If status change is approved you do not require stamping before start working with your new empoyer.

3. Will changing to H4 nullify the MTR ?

4. Also will changing to H4 instead of waiting for the MTR denial and then doing a change of Status to a new H1 decrease the chances of problems for a subsequent visa stamping on that new H1?

Can someone please reply as I am not able to get a clear reply from the company attorney?


Thank you very much.
Click to expand...
 
My employer stated after discussing with Lawyer "That you cannot work once your H1 is denied or seek employment or can be on companys payroll until MTR is addressed "

I am in same boat. Trying to change status to L2. But waiting for my wife L1 extension approval.
 
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