MTR questions

[MTRpending]

Hi, My H1 transfer petition to a new company was issued an RFE. After submitting evidence for the RFE, the RFE also was denied. I have applied for a Motion To Reopen. Currently, my H1 from the old company is expired. Regading this, I had couple of questions:

1. In the above scenario I want to switch to H4 (while the MTR is in progress) and then apply for a new H1, If in the mean time, the MTR is successful and MTR H1 petition gets approved, can I immediately do a change of status from H4 to MTR H1 ?

2.Also can I change status and start work with the H1 receipt without the new H1 stamping or do I need to wait for the H1 approval and stamping done before I start working?

3. Will changing to H4 nullify the MTR ?

4. Also will changing to H4 instead of waiting for the MTR denial and then doing a change of Status to a new H1 decrease the chances of problems for a subsequent visa stamping on that new H1?

Can someone please reply as I am not able to get a clear reply from the company attorney?

Thank you very much.

[Subramanya]

My H1 transfer petition to a new company was issued an RFE. After submitting evidence for the RFE, the RFE also was denied. I have applied for a Motion To Reopen. Currently, my H1 from the old company is expired. Regading this, I had couple of questions:

1. In the above scenario I want to switch to H4 (while the MTR is in progress) and then apply for a new H1, If in the mean time, the MTR is successful and MTR H1 petition gets approved, can I immediately do a change of status from H4 to MTR H1 ?

---- Yes, you can. However, you may have to wait for the approval of H4. Alternately, you may be able to continue with the H1 in which case you should consult an attorney to clarify this observation

2.Also can I change status and start work with the H1 receipt without the new H1 stamping or do I need to wait for the H1 approval and stamping done before I start working?

---- If you are in the US, yes what you said is correct

3. Will changing to H4 nullify the MTR ?

---- No, it will not as the MTR is for the H1

4. Also will changing to H4 instead of waiting for the MTR denial and then doing a change of Status to a new H1 decrease the chances of problems for a subsequent visa stamping on that new H1?

---- No it will not. It only goes to prove that you intend to maintian your legal status in the US

Subramanya

[MTRpending]

Thanks for the reply

Thanks for the reply. This really helps a lot. I am talking to the company attorneys about the course of action to take so as to avoid any kind of legal difficulty later.