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Hello There,
I am in big confusion, it would be of great help if i can get any advice. I got this reference from my spouse as her employer does all immigration work through your company.
I was working with Dell in India, My wife got H1 from her employer and moved to US in 2016. Luckily even I got one H1 sponsorer from US and my H1 got approved in 2016. However since I didn't have any project in US. I decided to move to US on H4 and then get visa status changed to H1 once i get the job in US. I moved to US in March 2017 on H4. For many reasons I didn't go for change of status till now. Now I have decided to get the status changed to H1. But my current employer who filed for my H1 initially informed that all H1 petitions which were applied in 2017 got rejected because the client letter is not working now, even i have the same client letter. Also he is charging fee of new H1 for applying for change of status from H4 to H1. Even after paying whole amount there is no guarantee that it will get approved or this employer would get me a project after visa approval.
So i am planning to search for job and then get the status changed from H4 to H1 with new employer. Is it possible to get my status changed with new petition from new employer without even working for a day for current employer ?
As per my knowledge it is possible with all documents required for H1b and approved petition as it will be cap exempt.
I believe it should work even without any pay stubs of current employer under whom the petition got approved, because I could say that I was working with Dell back in India and once my H1 petition got approved I left that job(I have pay stubs of Dell in India) later the project in US to which i was selected got closed so I didn't go for stamping of H1 and i came to US on H4 as my wife was already in US in H1(i had H4 stamping even before applying for H1). Now i don't have project with old employer so I found new project with new employer and client so I am applying for change of status with new employer. I dont have any pay stubs since i didn't work for old employer even once in US. Does this work ?
I am just assuming this after researching online, please clarify my doubt so that I could decide on what to do to get my career back on track. Thanks in advance.
Regards,
Sachin
I am in big confusion, it would be of great help if i can get any advice. I got this reference from my spouse as her employer does all immigration work through your company.
I was working with Dell in India, My wife got H1 from her employer and moved to US in 2016. Luckily even I got one H1 sponsorer from US and my H1 got approved in 2016. However since I didn't have any project in US. I decided to move to US on H4 and then get visa status changed to H1 once i get the job in US. I moved to US in March 2017 on H4. For many reasons I didn't go for change of status till now. Now I have decided to get the status changed to H1. But my current employer who filed for my H1 initially informed that all H1 petitions which were applied in 2017 got rejected because the client letter is not working now, even i have the same client letter. Also he is charging fee of new H1 for applying for change of status from H4 to H1. Even after paying whole amount there is no guarantee that it will get approved or this employer would get me a project after visa approval.
So i am planning to search for job and then get the status changed from H4 to H1 with new employer. Is it possible to get my status changed with new petition from new employer without even working for a day for current employer ?
As per my knowledge it is possible with all documents required for H1b and approved petition as it will be cap exempt.
I believe it should work even without any pay stubs of current employer under whom the petition got approved, because I could say that I was working with Dell back in India and once my H1 petition got approved I left that job(I have pay stubs of Dell in India) later the project in US to which i was selected got closed so I didn't go for stamping of H1 and i came to US on H4 as my wife was already in US in H1(i had H4 stamping even before applying for H1). Now i don't have project with old employer so I found new project with new employer and client so I am applying for change of status with new employer. I dont have any pay stubs since i didn't work for old employer even once in US. Does this work ?
I am just assuming this after researching online, please clarify my doubt so that I could decide on what to do to get my career back on track. Thanks in advance.
Regards,
Sachin
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