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Immigration Issues/H1B to H4 in Process-convert again to H1B

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Question
Hi Ajay,
Greetings!!
I have H1 to H4 cos in process from 28th Aug 2015. I got receipt number also. I got another employer, they probably will start visa transfer from next week in premium process.How new employer can do h1b visa transfer.
1. Once the h1 b visa transfer start with new employer should I stop or withdrawal h1 to h4.
2. Is it mandatory to go to my home country for h4 approval then should start h1 transfer.

I want to avoid going out of USA and willing to start with new employer asap. Please suggest the best possible way.

Thanks in advance,
Vandana.

Answer
Hi,

It is recommended that the new employer file an H1B petition requesting extension of H1B status rather than change of status from H4 to H1B. Proceeding with the latter option will take a long time for employment eligibility with the new employer as it would require approval of the change of status application to H4 status before the H1B petition can be approved granting change of status back to H1B.

When the H1B petition is approved granting extension of H1B status through the new employer, the pending application to change status to H4 can be withdrawn. There would be no necessity to depart the U.S.

However, if you have already terminated employment with the H1B employer upon the filing of the application to change status to H4, then the only way to proceed (if you want to be employed by the new employer ASAP) is for the new employer to file an H1B petition with consular processing, which will require departure from the U.S. and entry on an H4 visa issued by a U.S. Consulate.

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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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