Hi, PiJiang,
how are you?
My last H1B working day is 6/27/08, and last pay day shown is paystub is 7/4/08.
On 6/27/08, I submitted a petition to transfer my H-1 to H-4. While my H-4 was still pending, I found a new job and the new employer like to sponsor me,
my question:
1)do I need to file a H1B petition by premium processing (I think I need to do a H1B petition, this case is not H1 transfer, am I right?)
2). Can I start working once the new H1 is filed (when I get receipt notice), or do I need to wait for H1 approval?
3) when I get H1B approval, do I need to revoke my pending H4 petition ASAP?
cc: similar question regarding to question 3) from internet.
Q1: I am currently working with an H-1B visa in a company. In anticipation of being laid off by the end of May, I submitted a petition to transfer my H-1 status (not yet expired) to H-4 on February 30, 2007. While my H-4 was still pending, I found a new job and the new employer filed an H-1B petition for me on May 1 (note: as I had an H-1B before, the new H-1B application is not subject to the H-1B cap). Currently, both my H-4 petition and H-1B petition are pending. Will my prior petition for H-4 affect my H-1B petition?
A: The Last Action rule will govern your status in this case. Whether your H-4 petition will affect your H-1B petition depends on what is the last action of USCIS. Since H-4 is effective as of approval, if your H-4 is approved before your H1, when it is approved it comes into effect and your status changes from H-1B to H-4. When your H-1B gets approved later and takes effect at a later date, you will again change status from H-4 to H-1B. In this scenario, since the taking effect of your H-1B is the last action of USCIS, it determines your final status as H-1B. However, if your H-1B gets approved and comes into effect before the approval of your H-4, when your H-4 gets approved and comes into effect, your status will change from H-1B to H-4. In this scenario, because the last action of USCIS is H-4 approval/effective date, your final status is H-4. If H-4 is not what you want, it is safer to request the USCIS to cancel or revoke the pending H-4 pending before it is approved.
Can you answer my questions?
thanks a lot in advance.
Jerry