H1-H4-H1 issues. Pls. help

[souvaz]

Can you please advise on my problem.

I had H1B valid from 2005 to 2008. In June 2006, i stopped working and
i delayed for few months before converting to H4. In the meantime, my company revoked my H1B in july/Aug 2006 and so i got RFE on H4. Then My lawyer advised me to go to India for filing H4 stamp which i did in Oct 2006.

Now i have job offer from a company and i wanted to apply H1B through them as i do not come under h1 quota. My questions are:

1. Will there be problem with my H1B approval, considering my H1 is revoked before i converted to H4?

2. If H1B is approved, will I get I94 attached at the bottom that indicates change of status?

3. If H1B is not approved, can i stay back in US with my valid H4 stamp in the passport

I appreciate your help.

Thanks.

 

[ImmigAttyLana]

There should not be a problem with COS to H-1B if you are currently in valid H-4 status. If the COS is approved, you will receive a new I-94. If for whatever reason you do not get the COS approved, you would still be in H-4 status unless you wanted to go for consular processing for the H-1B.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[souvaz]

Thank you very much for your response.

I should have posted the following question earlier in my post..

I would also like to know if I come under the h1B cap considering my past h1b cancellation? Will my H1B gets rejected because of this?
I submitted the paystubs for 3 months before i went out of status in June 2006 and also my last H1B approval notice as a proof that I maintained an H1B status before.

Thank you.

 

[ImmigAttyLana]

No, the revocation of the H-1B approval notice does not negate the fact that you had held that status for some time.

 

[souvaz]

can i work before EAD card is received?

Hi Lana,

Since i have asked you the question, i have more information about my EAD which i would like to use to join my job.

I am a july 21 I-485 filer and received I-485 notices on Sept 26. I am required to join my job (for which i applied the H1B ) on Oct 8 and i want to use the EAD for that.

My question is, if i see the status as "card ordered" before Oct 8, then can i call USCIS to get the EAD number before joining the job. OR does the employer need to be shown the EAD card before joining.

Does the "card ordered" mean EAD has been approved and so can i start working the same day?

It looks like it is taking 1 week from notice date to see the status change to "Card Ordered" and another 7-10 days or more to get the card.

thanks,

 

[ImmigAttyLana]

The employer needs to see the actual card in order for you to start working. YOu cannot get any numbers from the USCIS regarding the EAD because there are no relevant numbers to be obtained. The actual document must be presented.