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H4 to H1B - Petition Approved, COS pending - Employer Revokes Petition?
Hi,
I am in US from last 2 years on H4 status. My husband works for Company A, and during the 2014 lottery cycle my H1B application was applied through the same company (A). I had to travel to India sometime in May 2014 for personal reasons. I got selected in lottery process and H1B petition is approved in late Sept. However, USCIS has approved only H1B, but did not approve Change of Status (H4 to H1B) citing the reason that my original I-94 used for filing the H1B application was no more valid due to my travel to India. So, as I understand, I am currently on H4 status but have an approved H1B.
Company A is not willing to file the Change of Status application for me immediately, as there are no engagements coming up now for my role/skills in the near future.
Company B is offering a job opportunity for my husband.
1. If my husband leaves Company A, and the Company A withdraws my petition as well, then can I still get my H1 transferred to another company here in US?
2. If I have gap between Company A withdrawing my petition and I finding another company to file my petition along with Change of Status, will that be Ok? ( I guess I would be on H4 status all the time)
3. Company B is offering a job position for me too, but the caveat is that I need to travel to India, take the job offer from Company B in India location, get the H1 transfer done to company B while I am in India, get the stamping done and come back. Is this a viable situation? (Company B is not offering a position directly here in US, as they do only H1 to H1 transfers but not H4 to H1 …. company policies !!)
4. Will there be any issues in H1 transfer and stamping in India, given that my H1 is approved when I am in US and that I don’t have any pay stubs with me.
Appreciate your help.
I am in US from last 2 years on H4 status. My husband works for Company A, and during the 2014 lottery cycle my H1B application was applied through the same company (A). I had to travel to India sometime in May 2014 for personal reasons. I got selected in lottery process and H1B petition is approved in late Sept. However, USCIS has approved only H1B, but did not approve Change of Status (H4 to H1B) citing the reason that my original I-94 used for filing the H1B application was no more valid due to my travel to India. So, as I understand, I am currently on H4 status but have an approved H1B.
Company A is not willing to file the Change of Status application for me immediately, as there are no engagements coming up now for my role/skills in the near future.
Company B is offering a job opportunity for my husband.
1. If my husband leaves Company A, and the Company A withdraws my petition as well, then can I still get my H1 transferred to another company here in US?
2. If I have gap between Company A withdrawing my petition and I finding another company to file my petition along with Change of Status, will that be Ok? ( I guess I would be on H4 status all the time)
3. Company B is offering a job position for me too, but the caveat is that I need to travel to India, take the job offer from Company B in India location, get the H1 transfer done to company B while I am in India, get the stamping done and come back. Is this a viable situation? (Company B is not offering a position directly here in US, as they do only H1 to H1 transfers but not H4 to H1 …. company policies !!)
4. Will there be any issues in H1 transfer and stamping in India, given that my H1 is approved when I am in US and that I don’t have any pay stubs with me.
Appreciate your help.
