You are here:

Immigration Issues/H-1 to H-4 and H-1 revoked now need h4 to h-1

Advertisement


Question
Hi,
Greetings!!!

I am on h-1 B Visa valid till 2016. 31st August 2015 my employer revoked H-1B. I have applied h-1 to H4 on 28th August 2015. I almost got a full time job, next week they will release offer letter background check and other formalities as communicated. I wanted to ask--
1. As I have applied for COS h-1 to H-4 before h1 revoked so I am not out of status correct?
2. As this h-1 to h4 COS is in progress how new employer can re-initiate my h-1 B visa again (is this possible).
3.Do I need to get h-4 B approval before re-initiating/ transferring h1B again or cos in progress is also ok to get h-1 again by new employer.
Please help--
Thanks in advance--
Vandana.

Answer
Hi,

Yes, you are in a period of authorized stay in the U.S. based on pending change of status application filed prior to H1B revocation.

Your new employer should file an H1B petition requesting either change of status from H4 to H1B (but H1B petition cannot be approved granting change of status prior to approval of the change of status to H4) or else request H1B approval through consular processing.

If you need to work ASAP, the employer should file an H1B petition through premium processing requesting consular processing. Upon USCIS approval of the H1B petition, you will need to depart the U.S. and enter the U.S. on an unexpired H1B visa (entry on your current unexpired H1B visa valid until 2016 is acceptable) and at time of entry show the USCIS approval of the H1B petition through the new employer to the immigration inspector.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.