Legal Question in Immigration Law in Iowa

I have got my H1b approval for starting my work on 1st Oct 2009. And my employer is enable to find a project for me. In order to save my automatic transfer to H1b, my employer has notified deactivation of my h1b to USCIS.

I contacted my employer to know more about the activation/deactivation of my H1b and my employer said that can stop my automatic visa status change on 1st Oct by informing USCIS not to change my visa status automatically to H1b on 1st Oct. This would mean :

1. I will continue to be on my current visa status (H4) on October 1st.

2. Also, by informing this to USCIS. I can take my own time to find a project and as soon as I find a project my employer will inform USCIS to activate my H1b and my visa status will be changed to H1b and I can start my work.

3. Do I have to go out of US before 1st Oct and come back only after October 1st so that I avoid my automatic visa transfer to H1b? Also, Do I need to deposit my I-94 for H4 and H1 both when I go out of US?

4. Is change of status different from filing a new H1b.

5. After deactivation of my h1b visa, Can I work only with my current employer after 1st Oct as he can only get my visa reactivated? Or can I get it activated by a different employer who can also file for my visa transferred to him? Will I need salary stubs for transfer in this case (after 1st Oct)?

6. Is there a max time limit of time till when I can keep my H1b deactivated?

7. Can I get my visa transferred to a small Non IT (Information Technology) company for working on their small IT based project where my IT skills may little mismatch? Or can I work with only IT and consulting companies?

8. Do I need salary slips for H1b visa transfer before 1st October?

I just wanted to know if this is possible...

Can my employer inform USCIS "to stop my automatic visa status change" (from H4 to H1B visa) on 1st Oct? And later when I find a project, he can inform USCIS again to activate my H1b visa?

I am urgently looking forward to your reply on this.


Asked on 9/17/09, 7:30 pm

2 Answers from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Dear Inquirer:

Your question poses a complex set of facts, calling for in depth analysis of H-1B change of status regulations. I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.

Regards,

Read more
Answered on 9/17/09, 7:33 pm
Luba Smal Smal Immigration Law Office

You need to schedule a consultation with a knowledgable immigration attorney. This post is not appropriate for our free lawguru forum.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. We do not offer free advice except for the information provided on this forum. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation in person, or by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

Read more
Answered on 9/17/09, 8:59 pm


Related Questions & Answers

More Immigration Law questions and answers in Iowa