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Immigration Issues/Changing employer when COS is pending

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Question
Hi,
I am working on H1 and my last date is this week. I applied for COS to H4 and EAD concurrent filing last week to be on safer side. I got the receipts as well.  Now i got an opportunity from a different company.
1.If they hire me after this week by then my H1 will be revoked, what should my new employer file? I will not be out of status as i got the receipt for COS but new employer should file for Change of status or transfer or what i am confused? or they should go for consular processing? Please suggest.
2. If the new employer files for transfer or COS whichever applicable, whats the process to withdraw pending H4 conversion and EAD? Please suggest. Will there be any risks during this whole process.

Thanks.

Answer
Hi,

You are currently in a period of authorized stay in the U.S. based on the pending change of status application to H4 status.

I recommend that the new employer file an H1B petition through premium processing and request consular processing. Upon approval, you would need to travel outside the U.S. and enter on an unexpired H1B visa, at which point you will be in H1B status. The pending application to change status to H4 will automatically be denied at some point of time because of a departure from the U.S. while it was pending, so no action is required with respect to the H4 application and its denial will not conflict with maintenance of H1B status

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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