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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4880
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am on my 10 th year of h1 was revoked by my employer

Customer Question

I am on my 10 th year of h1 was revoked by my employer and recently USCIS approved the revocation. I applied for h4 COS status menawhile which is pending . I found a new employer who is willing to process my H1. How will USCIS process my new H1 application
JA: OK. The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no not yet
JA: Please tell me everything you can about this issue so the Immigration Lawyer can help you best. Is there anything else important you think the Immigration Lawyer should know?
Customer: yes transferred to Company B using Company A 140 . Also I have PERM approved from Company B . I am on H4 pending status currently
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

What was the last day of working for your current employer? When did you submit the Change of status to H4?

Customer: replied 1 year ago.
I received my last paystub on Dec 11th and submitted H4 COS to USICS in last week of December
Customer: replied 1 year ago.
Also I am not sure if Company A 140 is withdrawn but when i check USCIS online status it says still approved
Expert:  Jen Marie, Esq. replied 1 year ago.

Unfortunately you could no longer submit the change of status application once you were no longer working because once you stopped working you were no longer on valid H1B status. Your COS application will likely be denied if you cannot prove that you were working until you submitted the H4 COS application. If your H4 is denied, then your H1B COS would also likely be denied because you are currently not in a valid status. This does not mean that your H1B petition is denied, but you would have to depart the US for consular processing of the H1B and re-enter the US.

Good luck to you during this process and I hope this answer has helped you!

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Expert:  Jen Marie, Esq. replied 1 year ago.

Hello there:

I am just checking in to see if you were able to read the answer I sent you and if you had any follow up questions. Please let me know. Hopefully I have earned your positive rating, that is the only way we experts receive credit on this site. Thanks.

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