H1-h4-h1

[samrp]

Hello,

Thank you so much in advance for the help.

I came to US on H1 (sponcered by my employer A) in december 2008. I worked for 3 months from Feb 2009- April 2009 and later I applied for change of status from H1- H4 while I was in US. I got the new I94 for my H4. Now I have two I-94s,one for H1 and other for H4. If I go back to my home country and return after a month or two I understand that I need to get H4 stamped on my passport. But suppose I manage to get a job in US when I am in my home country and I want to retun back to US on H1 and not on H4 , how is this case handled?
1. If a new employer B hires me then does he have to file for a new
petition?And do I have to get a new H1 stamped for this new employer B
before I re-enter US ?
2. If its my old employer how does it work?Should he also file for a new petition?

Thanks a lot for your help,
Sam

 

[ginnu]

Hello,

Thank you so much in advance for the help.

I came to US on H1 (sponcered by my employer A) in december 2008. I worked for 3 months from Feb 2009- April 2009 and later I applied for change of status from H1- H4 while I was in US.
I got the new I94 for my H4.
Now I have two I-94s,one for H1 and other for H4.
------------------------if you go out you need to give both the I-94 (keep copy of front and back of I-94 for your future records)
If I go back to my home country and return after a month or two I understand that I need to get H4 stamped on my passport.
-------------------if you need to enter on H4 status then you need H4 visa

But suppose I manage to get a job in US when I am in my home country and I want to retun back to US on H1 and not on H4 , how is this case handled?
-------------------- new employer must file H1 Petition for you and once it gets approved you can come to US with valid H1 visa stamp.FYI at this time USCIS is rejecting many H1 petitions or sending RRFE for many documents.

1. If a new employer B hires me then does he have to file for a new
petition?
-----------Yes
And do I have to get a new H1 stamped for this new employer B
before I re-enter US ?
----------------------once your H1 gets approved ask the new company lawyer for the required documents.
2. If its my old employer how does it work?
Should he also file for a new petition?
---------------yes as you are not on valid H1 status and are on H4 status. if you are in US on H4 then employer can file H4 to H1 change of status and you can work after H1 gets approved .
Thanks a lot for your help,
Sam

FYI at this time many dont hire H1 holder and it is difficult to get job on H1.

 

[Logan_vrl]

Hi,

I came to us Sep 2004 in H1b and worked in US for 10 months and gone back to my country June 2005.

I visit back on h1 on May 2006 and worked for 8 months till Dec 2006 and return back to home country.

Visit US on h4 visa on June 2008 and still on h4 till today. I would like to apply H1 again. Could anyone provide me more information for the following question that is in my mind?

Total h1b stay = 18 months, but i guess all my h1B years spend in the US will be reset since i stayed out of country more than a year.


1. I knew I won't come under the cap since i was in H1B but can I apply h1b at any time? I mean do I have to wait till Apr 2010 to apply H1B?

2. I got an employment offer to join this Dec 2009. But I have only 10 day to file h1b since Sep 30th is the last date to file h1b. Can I file my h1b after Sep 30th (like Oct or Nov,09)? Is it possible ?


Please provide me some insight.

Thanks
VR