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Immigration Issues/H1 to H4 in Process and getting H1 back

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Question
Hi,
I have converted H1 B from L2 visa Last year 2014 and don't have h1B stamping. I have applied for h1 B to H4 change of status on 28th August. I got new employer and they have collected all documents from me to file LCA next week and they will start H1 B transfer probably after 2 to 3 weeks in premium. I have salary Receipts till August 2014.
I did not disclose to my new employer attorney that I have applied for H4 on 28th Aug(as I am not sure they will transfer visa or not once they will come to know as this is little complicated case). I am planning to take H4 withdrawal once I will get H1 transfer approval.
1. What could be the issue if they will file LCA and H1 B transfer when I have already applied for h4.
2. Do they need to apply h1 B transfer in different manner (h1 to h1 and h4 in process to h1).
3. Once after h1 B transfer approval any problem to me in future related to visa as I will start to work with new employer.
Thanks in advance!!!
Vandana.

Answer
Hi,

There will be a problem only if the change of status to H4 is granted after approval of H1B transfer. Therefore, it is prudent to withdraw the pending H4 application when the H1B transfer petition is approved.

Your new employer should request H1B transfer. If requesting H4 to H1B, then the H1B transfer petition cannot be approved until the H4 is approved first.

There will be no future complications, as you appear to have maintained status throughout the process.

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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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