Guestbook Entry for Sundar narayan , United States
Name
Sundar narayan
Country
United States
State
NY
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Options for Nonimmigrant Workers Following Termination of Employment
Release Date
U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.
Gap in status, for instance, H-1B and H-4 status issues
Question details
I was on F1, and my spouse was on F2. My H1B was approved in 2020 for client A, but COS from F1 to H1B was denied, so I just continued my F1 status. Later, I moved to client B, and my employer filed an H1B Amendment and got the complete approval with I-94, effective 29th April 2022. After approval, we filed I539 for my spouse's COS from F2 to H4 (still pending) with a receipt date of 17th May 2022.
Question: Since there is a gap between my H1B start date (04/29) and my H4 receipt date (05/17), may the USCIS deny our case? If so, what are our best options to proceed further?
FAQ Transcript
Technically Yes, this can be an issue.
Happy to see our 485 approved.
Really appreciate the help, guidance provided by all the staff from Law Office of Khanna's in the process.