H4-H1 need info

[ssatyak]

Hi,

I have read many threads regd H1-H4-H1 conversions but didn't get clear answer to my question. So posting a new thread.

I am in US since Jul,09 on H1 but do not have a contract. I have couple of pay stubs and when I am planning to change my status to H4, I started getting regular calls from the companies. With this scenario I am confident that I will have an offer in 1-2 months.

But suddenly my employer is stressing me to apply for a COS as she has to submit some documentation to USIS immediately. My questions are

1. After changing the status to H4, when I get an offer will I be able to convert back my status to H1 using the old pettition ?(My old H1 is valid until Sep,2011).

My employer is telling that when I apply for a COS then my H1 will automatically be cancelled and I have to file a new H1. Please clarify this point.

2. What are the conditins or pre requisites for me to use the old H1, in case I get a job after changing my status to H4.

Please guide me towards the correct path.

Thank you so much for the help....
Satya

[sk4ih]

1. Yes. But if you don't have recent 2-3 pay stubs, H1-H4 CoS is impossible. H1 would be valid until expiry or cancellation by employer.

2. Ask your employer not to revoke the petition.

[milda]

Once your h1 changed to h4, and after that if you are getting any offer, you need to change your status again to h4. It is kind of h1 to h1 but the main difference is:
On h1 to h1 transfer, you can start working for new h1 even it is in process.
But for h4 to h1 COS, you have to wait until your h1 not approved. i.e. legally, you can't start working when your h4 to h1 COS is in process. So, before getting the project or offer, you must mention to the end customer or client this scenario.

[Note:- I am sharing my views, contact to your attorney for the best advice.]