H1 to H4

[zzrohit]

I am currently on H1B visa valid from Oct 2013 on-wards. I entered US in March 2013 with H4 and have valid H4 till Feb 2014. Now since my H1 is valid from Oct this year is my H4 still valid? what would be my Visa(s) under my name?

When H1 was filed, LCA showed that I would be working in Texas. But I am living in Ohio and found a job here and working for last one month with no LCA amendment? What will happen if USCIS officer comes for random check in Texas and not find me? Will my H1 get canceled or revoked?


What happens if my H1 is canceled or revoked by Dec 15 2013? will I come back to H4 till Feb 2014. And in meantime can I approach some new H1 employer who can transfer my H1 ? If yes- till when can this happen? What happens if no one files for me till May 2014- can I legally stay in US without going out of US?

Does one month pay stub and I797 copy(of current H1) be enough to do H1 transfer?

What are the other options in my scenario?

Please let me know.

Thanks.
Regards,
Rohit

[raghvi]

I am currently on H1B visa valid from Oct 2013 on-wards. I entered US in March 2013 with H4 and have valid H4 till Feb 2014. Now since my H1 is valid from Oct this year is my H4 still valid? what would be my Visa(s) under my name?

When H1 was filed, LCA showed that I would be working in Texas. But I am living in Ohio and found a job here and working for last one month with no LCA amendment? What will happen if USCIS officer comes for random check in Texas and not find me? Will my H1 get canceled or revoked?


What happens if my H1 is canceled or revoked by Dec 15 2013? will I come back to H4 till Feb 2014. And in meantime can I approach some new H1 employer who can transfer my H1 ? If yes- till when can this happen? What happens if no one files for me till May 2014- can I legally stay in US without going out of US?

Does one month pay stub and I797 copy(of current H1) be enough to do H1 transfer?

What are the other options in my scenario?

Please let me know.

Thanks.
Regards,
Rohit

What wasn't an LCA fied?

Status changes dont happen automatically unless explicitly requested for. You are currently on H1 status and if no LCA filed for new location and is found during a site visit your H1 will most probably be revoked. In that scenario you would not move to H4 automatically but go out of status. Once you go out of status you cannot do a H1 transfer or do a transfer to H4.

In my pinion you should first get the latest LCA and accumulate 2-3 Paystubs for the current location and only then try for a transfer.

This is my opinion not legal advice.

[zzrohit]

What wasn't an LCA fied?

Status changes dont happen automatically unless explicitly requested for. You are currently on H1 status and if no LCA filed for new location and is found during a site visit your H1 will most probably be revoked. In that scenario you would not move to H4 automatically but go out of status. Once you go out of status you cannot do a H1 transfer or do a transfer to H4.

In my pinion you should first get the latest LCA and accumulate 2-3 Paystubs for the current location and only then try for a transfer.

This is my opinion not legal advice.

Ok. Thanks for the information. Well we just have on pay stub as I have started working now only. Will that work for H1 transfer?

Also if in this process, once H1 transfer receipt is given back, I can start working with new employer right?

I heard that there is grace period of 60 days once you are out of status- is that true and in this time I can seek for H1 transfer also.

Apart from other H1 transfer any other option is there-please let me know.

[raghvi]

You should first make sure an LCA is filed for current location otherwise your current status is in jeopardy. Why isn't the employer filing an LCA for your current location?

This is my opinion not legal advice.

[zzrohit]

You should first make sure an LCA is filed for current location otherwise your current status is in jeopardy. Why isn't the employer filing an LCA for your current location?

This is my opinion not legal advice.

They will not file although asked many times. Can I go for H1 transfer with one paystub? Is always paystubs mandatory?

Also when my H1 is revoked, can i be in US legally till Feb 2014 and make sure I leave US by Jan 31,2014?