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H1B weird scenario - Need immediate help

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  • H1B weird scenario - Need immediate help

    I filed change of status- H4 to H1B in 2014 and got approval of H1B on June 30 2014.
    - After that I travelled to India and returned back on Sep. 10 2014 on H4 only since H1B starts from Oct 1 2014.
    - Then I started working in Oct 2014 for my employer who filed my H1B as a contractor.
    - Meanwhile when I my Employer supposed to file my LCA on this client location which they forgot to do.
    - Now I am about to change my employer and get H1B transferred.
    - Is there going to be a problem?
    - What should be done in this scenario?

  • #2
    There won't be any problem as long as USCIS recognizes that you are in H1B status. The reason I say that is you traveled outside U.S and return back in H4 before your H1B COS effective date. I am not sure if you are really considered to be on H1B status or H4 status. The only way to find out is by filing a transfer. If it gets approved, then you know for sure that you were in H1B status all this while.
    Not a legal advice. Use of this information is strictly at your own risk.

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