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Posted on 25 Oct 2009
Q.

H4 to H1 COS received but filed for cancellation before Oct 1st

Wife's H4 is valid till Sep 2010. A company applied for COS to H1 in Apr 2009. Approval received in May 2009. Company went bankrupt in Sept 2009. Lawyer said we should apply for H1 cancellation before Oct 1 so that she doesn’t go out of status. She applied for cancellation on 9/21 and USCIS received on 9/22 (Fedex ). Till now in Oct 23, we haven’t rcvd any cancellation confirmation from USCIS.
A. Is she out of status or is she fine coz she applied for cancellation before H1 came into effect (But did not get confirmation of cancellation). If yes, what should be our next step?
B. Can she travel outside country?
C. Also, she is planning to apply a new H1 thru a new company. Would that be a problem? We are aware that she can’t go outside the country while her new H1 petition is pending.

User's Location: Jersey City, New Jersey, United States of America
Category: H1B Visa (Work Visa)
Posted on 26 Oct 2009
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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