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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12052
Experience:  Write FOR JAMES to get my help!
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I am currently on L1A with valid I94 and expired visa. My

Customer Question

Hi I am currently on L1A with valid I94 and expired visa. My H1B is approved and will have to start working from Oct 1st. I have resigned from my current company on L1A and they will release me 10 days before October 1st. My wife is on H1B. I will be out of status for 10 days. What can be done ? Can I apply for H4 and then withdraw before approval? Will my 10 days be covered?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

ANSWER: If you are out of status for 10 days, you are out of status and cannot change your status to H1B on October 1. If you apply for H4 and then withdraw it, it will catch up with you and it would be as if it was never filed. Therefore, at some point in time, it would be discovered that the subsequent change to H1B was never validated because you would not have had an approved petition to bridge you over the 10 days.

One option you would have in this situation is to leave the US and get a visa, and then come back to the US in H1B status. The only other option is to apply for a change of status, get the approval, and then apply for change of status to H1B. But you would not be eligible to start on H1B unless and until the change of status is approved, and the validity date is current.

Aside from that, there is no other way to accomplish this. Unfortunately, the strategy you are considering is not going to work.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
Change of status from h4 to h1 should be approved or just filed with receipt number to start working ?
Expert:  Expert James replied 1 year ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: It must be approved with a new I-94 before you can start working.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
How long this whole process might take approximately say h4 approval and cos from h4 to h1 ? Thanks.
Expert:  Expert James replied 1 year ago.

You can expect each to take about 3 to 5 months.

Kindly remember to give me a positive rating before leaving this site today.

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help or need me to explain anything else?

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