H1B to H4 to H1B

[vinodk366]

Dear Shervin:

What if they are not ready to share any information with me....

How can i change the status just by going to india and getting back again,,,,,,Is it not required to file a H4 (I-539)????

What will be my situation in the US consulate in India???

Please advice...


Regards,
Vinod...

[shervin143]

You don't need to file the COS to H4 (I-539) if you go out of the country and return back on H4. COS to H4 will need to be filed only to change the status from within U.S.

[vinodk366]

Dear Shervin:

Thank you so much for the response.

I have called them and couldnt catch hold of them, today.

1.So what will happen to H1B petition if they have filed one???

2.What if the NEW H1B Petition shows up in the system in the US consulate and if they ask me about that when i go for stamping??(I wasn't out of US after the expiry of my 1st H1B term, so need to go for the consulate)

3. Is it not required for me to have that H1B APPROVAL NOTICE or related documents,if I am going to try for a NEW EMPLOYER in future???

4.Is it OK if I can go to Canada for stamping and be back???

5. What is the time period a person can spend on an approved
H1B, without joining the employer, if the candidate is within US??? (LIKE MY CASE)

Please advise..... Thanks again for your time.

Best Regards,
Vinod....

[vinodk366]

Dear Shervin:

Sorry for bothering you. I just spoke with the recruiter of the company, he is not giving me any clear information. He just told me he is going to send me the offer letter soon.

[B]He just sent me a copy of the LCA filed which has a CASE STATUS number, but no information regarding the receipt number or APPROVAL NOTICE.

I am sure I am in an intricate situation. Is there anyway i can track using my LCA CASE STATUS number...

Please advice.

Thanks,
Vinod...

[shervin143]

LCA has nothing to do with the H1B petition. LCA is filed with DOL and H1B petition is filed with USCIS.

[vinodk366]

Dear Shervin:

Thank you for the information. It was very useful.

Is it ok if i travel to canada and get back in, as i am in WA state its easy for me to travel to CANADA.

Also at this point of time my previous employer whom i was working for 1 year back is ready to take me back and process my GC....but they haven't revoked my H1B petition from the time i left the company....will there be any issues with regard to this in the future as far as my GC is concerned (as they havent paid me for that time period).

Your help is highly appreciated.

Best Regards,
Vinod...

[shervin143]

Is it ok if i travel to canada and get back in, as i am in WA state its easy for me to travel to CANADA.
>>> Yes

Also at this point of time my previous employer whom i was working for 1 year back is ready to take me back and process my GC....but they haven't revoked my H1B petition from the time i left the company....will there be any issues with regard to this in the future as far as my GC is concerned (as they havent paid me for that time period).
>>> I don't think so. They will need to file a COS from H4 to H1B and if that gets approved, then you can start working for them.

[vinodk366]

Dear Shervin:

Thank you so much for your immediate response.

Your help is highly appreciated.

Best Regards,
Vinod...

[vinodk366]

Dear shervin:

From the mail i got from the recruiter, i see my LCA has been posted in the working area only on 21st APRIL, does it mean that they haven't filed my H1B petition till now???

or

does filing H1B and LCA posting go hand in hand....

Please advise...

Best Regards,
Vinod....

[shervin143]

Approved LCA is required while filing the H1B petition. Check this post.
http://www.immihelp.com/forum/showthread.php?t=75463

[vinodk366]

Dear Shervin:

Thank you for the clarification.

Its very clear they haven't filed my H1B petition till date....I am sure i can talk to them at this point of time, and ask them not to file my H1B petition.

Q1.I am sure they can withdraw the LCA filed on behalf of me, once i say so???...Will there be any issues related to this???

Q2. I am sure LCA should be posted for 10 days or so before they send it for approval??

Sorry for bothering you with lot of questions!!! i have been ignorant about even simple things which i should have known...

Thank you so much for the timely help.


Best Regards,
Vinod....

[vinodk366]

Dear shervin:

Just they got back to day from the attorneys office and they say they have filed my H1b only YESTERDAY

Is there any way i can reject the offer now and they can withdraw the application at this point of time.....Since they have just filed the petition yesterday.....

Please advise....


Best Regards,
Vinod...

[shervin143]

You can reject the offer any time you want. Yes, the can revoke the application. However the money spent (lawyer fee etc) will go for waste.

Dear shervin:

Just they got back to day from the attorneys office and they say they have filed my H1b only YESTERDAY

Is there any way i can reject the offer now and they can withdraw the application at this point of time.....Since they have just filed the petition yesterday.....

Please advise....


Best Regards,
Vinod...

[vinodk366]

Dear Shervin:

If i reject now, how will i put myself back on H4.

The H1 petition process for COS from H4 to H1 has just started...

Can i hire an attorney and ask them to help me with that or just wait for H1B approval notice and then decide.....

IS IT LEGAL THAT AN EMPLOYEE GETS HIS ORIGINAL APPROVAL NOTICE, before starting the job.

Please advice...

Best regards,
Vinod...

[shervin143]

If i reject now, how will i put myself back on H4.
>>> You can ask the same question 1000 times. Th answer remains the same. You will either have to file for H4 again or leave the country and re-enter in H1B. You need to do this immediately upon receiving the H1B approval notice. Your H1B COS will be effective only from Oct 1st (assuming the employer did not request for a later start date). So I would suggest you to apply for H4 again on Oct 1st which will put you back on H4.

The H1 petition process for COS from H4 to H1 has just started...

Can i hire an attorney and ask them to help me with that or just wait for H1B approval notice and then decide.....
>>> You can do that if you want to spent so money. Waiting for the H1B approval would be the best option.

IS IT LEGAL THAT AN EMPLOYEE GETS HIS ORIGINAL APPROVAL NOTICE, before starting the job.
>>> H1B is an employer's petition. It is not mandatory for them to hand over the petition to the employee. However, they will need to give your the I-94.