H1B Lost Job (2 weeks), Started H4 (decision still pending), Applying new H1B

[terpsonly]

Hi all,

I am on H1B (stamp from Company A expires Dec 31st) and lost my job when my company (Company B) got shut on May 15th. The same day I applied for H4 (change of status) through a lawyer via an online application and sent in my application papers on the following Monday. Now my H4 is pending decision. My H1B stamp is from my oldest job (Company A) before I joined Company B.

My H1B is still not revoked by Company B and I am sure they will not revoke it anytime soon. Now I got offered a job by another company (Company C) which wants me to start by June 8th.

We are planning to apply for premium processing on the H1B and revoke my H4 application.

But I have some questions.
1. I wanted to know if I can apply for a regular H1B transfer as it has just been 2 weeks out of job?

2. In any case, when I apply for H1B, can I start working for Company C from the day my application reaches USCIS or do I have to wait for the approval?

3. Do I have to apply for a special case with H1B as I am still in US and I know that my old H1B expires when company B got shut? I was told by my lawyer (when applying H4) to apply for any future H1B within next 60 days with extension of stay and if USCIS approves it then I was never without a status (as H4 is still not approved and I am planning to revoke that application with new H1B application).

4. Will I have to go out of the US and come back in. I am uncomfortable doing that and was wondering if I can avoid that and get through this without making the trip.

5. What can I do to start working with Company C before June 8th (or ASAP)? Will it be a problem with USCIS as for them I am still not out of status and have my latest paycheck from May 15th and all the previous one.

[morchu]

1. Yes. Premium processing, and time is very important. File an H1B extension right away.
You have no time to waste.
2. I suggest not to start working. Premium processing is fast, and if you do it properly you may get the approval even within a week. You can probably wait for this much, right?
3. Yes, revoke pending H4 petition right after H1 approval.
4. Most probably you may not have to travel outside US.
5. Technically you are not out of status even now. The pending H4 petition keeps you in status.



1. I wanted to know if I can apply for a regular H1B transfer as it has just been 2 weeks out of job?

2. In any case, when I apply for H1B, can I start working for Company C from the day my application reaches USCIS or do I have to wait for the approval?

3. Do I have to apply for a special case with H1B as I am still in US and I know that my old H1B expires when company B got shut? I was told by my lawyer (when applying H4) to apply for any future H1B within next 60 days with extension of stay and if USCIS approves it then I was never without a status (as H4 is still not approved and I am planning to revoke that application with new H1B application).

4. Will I have to go out of the US and come back in. I am uncomfortable doing that and was wondering if I can avoid that and get through this without making the trip.

5. What can I do to start working with Company C before June 8th (or ASAP)? Will it be a problem with USCIS as for them I am still not out of status and have my latest paycheck from May 15th and all the previous one.