• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Change of Status questions - Please advice

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

biztrans.s

Junior Member
What is the name of your state (only U.S. law)? Minnesota

Hi,
I am currently working on H1 visa. My current project ends on Dec-19. Given that we are in holiday season, my employer is not able to find any open position for my profile. However, my employer has a couple of leads which could be finalized in January. In the mean time, in order to maintain status, my employer is suggesting that I apply for a change of status from H1 to H4. The plan is to reactivate my H1 once an open position is finalized. In regard to the same, I have the following questions:
1. Is there a premium processing option for H1 to H4 change of status
2. When should the package for H1 to H4 change of status reach USCIS office. Should the package reach USCIS office on Dec-20? Given that Dec-20 is a Saturday, would it be within the law if the package reaches the USCIS office on Dec-22.
3. When my H1 to H4 change of status application is still pending, could the employer reactivate my H1. If yes, should we withdraw the H1 to H4 change of status application.
4. Can my employer reactivate my H1 under premium processing.
5. Can a different employer reactivate my H1.
6. After I get the receipt number for H4 to H1 change of status, could I start working or should I wait for approval.
7. If H1 application gets approved before the H1 to H4 application is processed/withdrawn, what would be my visa status.


Your responses to these questions are sincerely appreciated. Looking forward to your responses.

Thanks!
 


t74

Member
You realize that your employer is required to pay you while employed and also notify and revoke his sponsorship when you leave his employment. He cannot just suspend your employment with him.

A decent employer will plan for bench time and make salary and holiday time payments. If you choose to go to H-4 during this time, you should use it to find an employer who treats employees fairly.

Once you are on H-4 status, you may not work until you have a new I-94 for H-1B. Approval of a new petition can be premium processing and it may or may not include an I-94 granting you immediate work authorization. You may required to exit the US and obtain an H-1B stamping if you do not have a valid H-1B visa.

If is possible that your H-1B status would be overridden by an H-1B to H-4 approval. The way to guarantee that this will not happen is to exit the US which will terminate the COS from H-1B to H-4.

Based on your questions, you are at risk of being taken advantage of by an unscrupulous employer. Become aware of both your rights and responsibilities. Start with the USCIS website.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top