H1 to H4 to H1 Urgent

[sri111]

I have applied for H1 to H4 COS 3 weeks back (h1 valid till sept 02,2010) and got receipt from USICS .

Now i got assignment . Can I apply for H1 transfer(from old employer to new employer) while COS (h1->h4) is in Pending? Please Advise asap.

thanks

[txh1b]

Yes. You can transfer the approved H1b to a new employer but will not be valid until Sep.

[sri111]

Yes. You can transfer the approved H1b to a new employer but will not be valid until Sep.

I don't understand why it not valid till Sept 2010.
When should i cancel/revoke H4 petition which i have applied 3 weeks back.After getting new h1 petition or before?

[milda]

First step, cancel the H1 to H4 transfer, which is pending. Then transfer h1 to h1 to new employer with 2 latest paystubs.

Or otherwise, if your h4 gets approved, you need COS h4 to h1 and if you have assignment waiting for you then process it with premium.

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

[txh1b]

I don't understand why it not valid till Sept 2010.
When should i cancel/revoke H4 petition which i have applied 3 weeks back.After getting new h1 petition or before?

I understood that your H1b start date was Sep 2nd, 2010. My bad.

Anyway, if you want your transfer to be approved as a EOS, you should have been on H1b currently and getting paid. Read about "bridging" on the forum.

Cancelling the H4 COS may be risky unless the new H1b is filed as a Premium case. You will understand why after reading bridging posts.
Last action rule applies in all cases.

[txh1b]

First step, cancel the H1 to H4 transfer, which is pending. Then transfer h1 to h1 to new employer with 2 latest paystubs.

Or otherwise, if your h4 gets approved, you need COS h4 to h1 and if you have assignment waiting for you then process it with premium.

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

Not a good idea to cancel the H4 COS immediately. Better get the H1b approved and deal with H4 cancellation. Read about bridging to understand why.