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Applying H1, While H4 is in Progress

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  • 05-12-2011, 02:27 PM
    nexor
    Applying H1, While H4 is in Progress
    Hi

    I was on H1 till 02/2011, when I got laid off.

    I filed for COS to H4 immediately since my wife is on h1. I received the receipt (mar 2011) but haven't received H4 approval yet.

    Now I have got the job and my employer is ready to file for H1 premium processing.
    I just called USCIS and learned that It will take another 50 days before they can process my COS case.

    Question is:

    Do we need to wait for H4 approval to go through before my new employer files for H1?
    meaning waiting for about 2 months.

    Is there a way I can start working before?

    Preferably I do not want to leave US and deal with visa stamping.

    Please advise.

    Thanks
    Sam
  • 05-16-2011, 08:28 AM
    Mr. Knowitall
    Re: Applying H1, While H4 is in Progress
    You petitioned for a change of status from what to H4? You would presumably want to withdraw your petition for change of status to H4 status. It will be awkward if that petition is approved.

    You may want to see if you can discuss the details of your situation with your new employer's immigration lawyer.
  • 05-17-2011, 09:24 AM
    nexor
    Re: Applying H1, While H4 is in Progress
    Thanks for reply.

    I filed for COS from H1 to H4.

    If I withdraw my petition of H4 now, wouldn't I be 'out of status' for last 3 months feb-may.
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