H1B to H4 to H1B

[gatty15]

Folks:

I was on H1B with "Comapny A" for 3 years, then changed to "company B".

I lost my job with a "Company B" 6 months after joining and went on H4 under my wife.

Now, i have an offer from another "Company C" and they got all my documents and they say they are processing. But this "Company C" which is offering me job, seems to hire me with a confusion, so i am not sure they are doing a premium processing or regular processing.

1. How many business days generally it is taking these days to get the receipt notice for transfer??? (for regular and for premium processing)???

2. Now i am afraid they may play with my GC and not happy with this company, but process already initiated. I am afraid because i have only 2 yrs left on H1B.

what shall i do???? If they finish the processing and give me an offer letter, can i deny that...Is it legally correct?? If i do so, do i have to immediately go and file a H4 again???


Please advice, it is very urgent!!!!

Thanks

[shervin143]

1. How many business days generally it is taking these days to get the receipt notice for transfer??? (for regular and for premium processing)???
>>> Usually within a week.

2. Now i am afraid they may play with my GC and not happy with this company, but process already initiated. I am afraid because i have only 2 yrs left on H1B.
>>> Okay. Then find a better employer.

what shall i do???? If they finish the processing and give me an offer letter, can i deny that...Is it legally correct?? If i do so, do i have to immediately go and file a H4 again???
>>> You can deny the offer anytime you want. No one can stop you from doing so. If the H1B is applied as a COS (Meaning, if it comes with a new I-94), then you need to apply for H4 immediately or you will need to leave the country and re-enter in H4 visa if you decide not to take the offer.

[gatty15]

Dear sherwin:

Thank you so much for the information.

I sent the documents on 5th APRIL.....till now i haven't got any response from them,,,,,,I spoke with them on 14th APRIL and they said, it may take another 15 business days and my start date will be in MAY...

Do you think there is something wrong going on!!!!

I am sure a person should be able to join as soon as one gets the receipt notice...I am doubtful whether they have filed or not....

Please advice!!!

Thanks

[shervin143]

Hard to comment on that. You would know your employer better than any one in the forum. Sometimes they take sometime to prepare the documents. When you transfer an H1B petition, you can join immediately upon receiving the H1B approval notice. Maybe your employer doesn't have a project available for you until May and doesn't want to pay you for this period. Anyways, this is something that you need to cehck with your employer.

Dear sherwin:

Thank you so much for the information.

I sent the documents on 5th APRIL.....till now i haven't got any response from them,,,,,,I spoke with them on 14th APRIL and they said, it may take another 15 business days and my start date will be in MAY...

Do you think there is something wrong going on!!!!

I am sure a person should be able to join as soon as one gets the receipt notice...I am doubtful whether they have filed or not....

Please advice!!!

Thanks

[vinodk366]

Dear Shervin:

Thank you so much for taking time to respond to me....

Sorry to bother you with more questions.....My job is nothing like having projects,,,,I know everything is ready,,,,i think they are thinking about GC...

I sent documents on 5th April, say if they take 3-4 days to proces and send the papers, dont you think they should have got the approval notice by this time....

I am not convinced with the employer and dont want to take up this job,,,,if i reject the offer now, how do i know whether they have the approval notice or not.....how can i put myself back to H4 without allowing my H1 to run......

Like if i reject the offer now and they dont send me the approval notice???? What do i do????

Please advise. Your help is appreciated....

Regards,
Vinod

[shervin143]

If your company hasn't filed the transfer petition, then they won't file if you reject the offer now as filing a petition costs money and no employer would spent money on a candidate who won't join them later. If they have already filed the petition with a COS, then your status will change to H1B upon approval and you need to know that to convert yourself back to H4. You will need to file for H4 immediately or your will need to leave the country and return back in H4 visa.

I would rather let the H1B go through and chnage back to H4 later. You are not loosing anything if the employer initiates the process.

[vinodk366]

Dear Shervin:

Thank you so much for the response...I would rather wait for the approval notice and then,,,will have to change to H4 immediately.....

Thank you for your timely help.

Regards,
Vinod...

[vinodk366]

Dear Shervin:

If i reject the offer immediately after getting the approval notice and the company revokes the H1B petition before i process my H4 what will happen,,,,will I be in trouble....

Is there any time frame or anything like that!!!!

Please advise.

Regards,
vinod

[shervin143]

It usually takes some time for the USCIS to process a request for revoking a petition. If you wait for more than 15 days, then you might need to produce the payslip to prove that you were on valid H1B status. I would suggest you to appy for the H4 immediately after you konw that the approval is granted (keep checking the USCIS case status tracking site).

Dear Shervin:

If i reject the offer immediately after getting the approval notice and the company revokes the H1B petition before i process my H4 what will happen,,,,will I be in trouble....

Is there any time frame or anything like that!!!!

Please advise.

Regards,
vinod

[vinodk366]

Dear Shervin:

Sorry for a delayed response....Thank you so much for the immediate reply...

Your help is highly appreciated.


Best Regards,
Vinod...

[vinodk366]

Dear Shervin:

As per my previous discussion with you, it was on 5th APRIL, i sent the docs for transfer from H4 to H1 to a NEW EMPLOYER and i am sure they have processed it and they should have the APPROVAL NOTICE with them by now....

But they haven't told me anything till date,,, what if my H1B has started rolling and i dont have a pay slip...... when i checked my case status of my current H4, it just shows me Post-Decision activity( i think this has got lot of meaning)....

only if i have an approval notice in my hand for my newly approved H1B,,,i can go and file a H4 or accept it......what do i do now???

I think they are in dilemma to take me or not ( beacuse they cant do GC)after filing H1B petition for me....

How can i handle this case???

Please advise.

Best Regards,
Vinod

[vinodk366]

Dear Shervin:

Is there anyway I can call the USCIS toll free number and check whether the COS form H4 to H1 has been approved or not???

Regards,
Vinod

[shervin143]

What information do you have to track your case? Do you have a case status number (receipt number)? It is hard to track the information without that. Why can't you check with your employer? Probably they did not even file it. If they say that they have filed it in premium, then it would take 15 days from the date of filing to get a decision.

Dear Shervin:

Is there anyway I can call the USCIS toll free number and check whether the COS form H4 to H1 has been approved or not???

Regards,
Vinod

[vinodk366]

Dear Shervin:

I dont have the receipt number with me....They are just keeping mum.....I will ask them for that???

What if they have filed with some ambiguity and don't let me know that they have got the approval.....15 days what you mean I think is 15 BUSINESS DAYS.....is that right???

If they haven't filed for me then its fine, but if already filed and got approval and thinking about whether to consider me or not.....then i will be in trouble....My H1B will start rolling.....what if they dont send me the approval notice......in that case what shall i do......

How do i place myself back to H4???? Can i check directly with USCIS by any means...Is that safe to do so???

Your response is highly appreciated.

Best Regards,
vinod...

[shervin143]

Well, you need to check with your employer. Why can't you check with them to see whether they have filed it or not. H1B is an employer's petition and it will be hard to get any information from USCIS without even knowing the receipt number. Just giving your name and the company's name is notgoing to be enough to track your petition (if any).

The only option to get back to H4 in this case is to leave the country and re-enter in H4 again (But that would be a waste of trip of they didn't even file your H1B).