H1 - gap in filing for H1 transfer

[sp2468]

Hi,

My last day at company1 is 9/15. I have a potential offer from Company2. But it might take couple of weeks for background and check and applying for H1 transfer. I am wondering whether I should file for H4 and then once company2 decides to go then file for H1.

Please answer the questions.
1. If I can be out of status for couple of weeks.
2. H4 to H1 vs H1 transfer with little gap.
3. What would happen if H4 application takes time and then company2 proceeds for H1 transfer.
4. Will I loss my H1 visa, if company1 revokes. That means do I need to file for new H1 falling under yearly cap.
5. Will I loss my H1 visa, if I go for H4. Meaning do I need to file for new H1 falling under yearly cap.


Appreciate you help and advice.

Thanks,

[raghvi]

Hi,

My last day at company1 is 9/15. I have a potential offer from Company2. But it might take couple of weeks for background and check and applying for H1 transfer. I am wondering whether I should file for H4 and then once company2 decides to go then file for H1.

Please answer the questions.
1. If I can be out of status for couple of weeks.
2. H4 to H1 vs H1 transfer with little gap.
3. What would happen if H4 application takes time and then company2 proceeds for H1 transfer.
4. Will I loss my H1 visa, if company1 revokes. That means do I need to file for new H1 falling under yearly cap.
5. Will I loss my H1 visa, if I go for H4. Meaning do I need to file for new H1 falling under yearly cap.


Appreciate you help and advice.

Thanks,

Did you resign or were asked to leave? When is your H1 expiring? When is your I94 expiring?

1. No you should absolutely avoid going out of status.
2. Your H1 to H4 can take Months, you will end up not being able to work till H1 to H4 and subsequently H4 to H1 is approved.
3. If you apply H1 to H4 you have to wait for that to complete before Company2 can apply for H1 transfer otherwise the situation could become messier.
4. You would be cap exempt until 6 Years from last held valid H1 status.
5. No.

Best and fastest option would be to ask company2 to premium process your H1, and then leave US and re enter US using the valid stamped H1 and Company2's approved petition.

If not possible then re enter on valid H4 visa, and then ask company2 to premium process your H1 petition.

This is my opinion not legal advice.

[a28]

Did you resign or were asked to leave? When is your H1 expiring? When is your I94 expiring?

1. No you should absolutely avoid going out of status.
2. Your H1 to H4 can take Months, you will end up not being able to work till H1 to H4 and subsequently H4 to H1 is approved.
3. If you apply H1 to H4 you have to wait for that to complete before Company2 can apply for H1 transfer otherwise the situation could become messier.
4. You would be cap exempt until 6 Years from last held valid H1 status.
5. No.

Best and fastest option would be to ask company2 to premium process your H1, and then leave US and re enter US using the valid stamped H1 and Company2's approved petition.

If not possible then re enter on valid H4 visa, and then ask company2 to premium process your H1 petition.

This is my opinion not legal advice.

Raghvi, in regards to what you mentioned above, I am in a similar situation with H1B expiring 09/30 and I-94 expiring 10/10,but my H1B extension is already filed by current employer.
I can still go for an H1B premium transfer which might extend beyond 09/30 or 10/10? and it will get processed timely as premium irrespective of extension request status(which might go into RFE) ?