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H1 Status - Legal / Ill-Legal, COS (H4-F1) Rejection

San Jose, CA |

I was with Company A (Consulting) and they filed for my H1 transfer and its pending with USCIS for 7 months. In between Company B (Full Time) hired me and did the H1 transfer in Premium processing. Later on Company A has withdrawn my H1 filing. So is my 7 months of tenure with Company A is legal or Illegal?

Based on the above status, we have applied for COS for my wife from H4 to F1 but it was denied stating that she is on an ill-legal status under section 101(a)(!5)(H)(i)(b) of the Act, has been withdrawn of principal alien's status. I have submitted Company B I-797 & I94 while filing for COS (H4 to F1). But from the above statement I see they have considered Company A petition for this.

Please suggest for both my cases and can i re-open the COS status with the Company B I-797 & I94

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Attorney answers 3


Discuss these matters with CO.B's immigration attorneys, they know the particulars of your case. We don't.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko


I agree.


You really need company B's attorneys to assist you with this. ASAP.

Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide legal advice. Accordingly, her responses on Avvo are intended as general and not legal advice.


Several American companies invested in sponsoring you for your professional skills and talents. Therefore, act professional and address all matters with the company's immigration counsel.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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