Hi, I am currently in USA and lost my job so I need to do a change of status from H1b to H4.
1) If I find a job after 60 days (after h1b grace period is over) but my h4 is still pending, will new employer file for h1 to h1 transfer OR h4 to h1 transfer? (h1 to h1 looks tricky as I wont be in h1 status after 60 day grace period, h4 to h1 also looks tricky if h4 is not approved by then)
2) With new approved h1b (with h4 still pending), can I start working immediately with new employer or I need to go abroad and get it stamped first (I have old h1b stamped)?
1. Nothing will seem "tricky" if you let an attorney handle this on your behalf.
2. Will all depend on whether that H-1 is approved with "amending" and extending your existing H-1B status or whether is issued with "consular notification - Hindustan", in which case you will need to briefly exit and return with "old H-1B stamp" and ask to again be readmitted on H-1B status - this time to start working for new employer.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 24 years of successful immigration law experience. The answer above is only general in nature and 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.
Your employer’s immigration lawyer is available to address your concerns.
Ekaette Lawyers Texas.
If you find an employer and file the new H-1 within the 60 days, the case will be treated as a transfer and you can begin work when it is filed. The H-4 COS must be withdrawn at the same time.
Sorry to hear about your the loss of your employment. There are numerous options available to a candidate when they lose their job. I don't recommend filing multiple petitions or applications at the same time. Talk to an attorney so you have a strategy that works for you. Good luck with your future endeavors.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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