H-1B to H-4B and back.

[kk77]

I recently changed my status from H-4B to H-1B. I have worked with new company for 15 days. I expect my first pay stub tommorow that is 31 st October 2008. I have a two year contract with the company and I can buy out of the contract by paying USD 1000. Sadly the work environment at the work place are really hostile. I feel if I continue here I may be risking loosing my licensure by engaging in unscruplous practices. The situation is untolerable. I have talked to a immigration attorney, who told me I can change my status by filing for H-4B. He told me I can stop working as soon as I recieve recipt notice for my H-4 B. I want to search for a new employer, who is ready to file my H-1b while I am back on H-4 and then start with new employer. My concern that remains unanswered while I am awaiting approval of H-4 B, can I apply for H-1B. Secondly, do I have to wait to start work with new employer till my new H-1b petion and change of status petition is approved or I can start as soon as I receive recipt notice for My H-1B and change of status application.

The other option he told me was that I can go to canada and come back on my H-4B. That way I wont have to file h-4 PETITION. I allready have a valid H-4b on my passport.

Are there any risks involved which I am unaware of. Would you recommend going any of these routes.

[txh1b]

Your attorney has given you the right options. It is for you to pick the one that you want.

Why don't you report the activities to the licensing board after you quit? They need to adhere to professional standards in any business.

If you have a valid H4 visa, I would suggest travel and re-entry on H4 and a new I-94 as COS takes a long time to get approved.

Once you are on pending H4 COS, a h1b transfer can be filed with receipt of H4 application, to begin work, you have to wait till the approval of the H1b which can be premium processed. You also run into concurrent COS requests and one that gets processed last holds good. So, travel is the best option.

[kk77]

Thanks Tx, Is'nt it possible to withdraw one COS application, to avoid negative implications associated with the last minute rule.

[txh1b]

Possible but USCIS takes many months to even look at a withdraw request and there is a possibility of the petition getting approved even before they get to act on your request.