Basic H4 Questions

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blahblah

Registered Users (C)
Hi - I have some basic H4 questions and I cant seem to find specific answers to my questions (there's no FAQ on this topic either).

The person is currently on H1B visa in the US (stamped in the Passport)

1. What is the procedure to convert to H4?
2. When can the person quit the current job? (after filing and before approval OR after the approval)
3. How long does it take for the approval to come in today's times?
4. What if we want to change from H4 to H1 again if some good offer comes along? Does it matter if it is before or after the H4 approval?

Thanks for your help !!!!
 
blahblah said:
Hi - I have some basic H4 questions and I cant seem to find specific answers to my questions (there's no FAQ on this topic either).

The person is currently on H1B visa in the US (stamped in the Passport)

1. What is the procedure to convert to H4?
--- if you have spouse who has valid H1 status then you can file H1B to H4 change of status with USCIS
2. When can the person quit the current job? (after filing and before approval OR after the approval)
----- from the date of approval, or after the Filing ( please talk to your lawyer I am not sure others may help you)
3. How long does it take for the approval to come in today's times?
---- depends on your service center processing time. check your service center processing times I think VSC at this time is taking 2-3 months
4. What if we want to change from H4 to H1 again if some good offer comes along?
----- employer has to file COS from H4 to H1 and you can work ONLY AFTER H1 is approved

Does it matter if it is before or after the H4 approval?
-yes
Thanks for your help !!!!
Click to expand...
 
1. What is the procedure to convert to H4?
Click to expand...
Your spouse must be having valid H-1B status. Then only you are eligible to apply for Change of Status from H-1B to H4.
2. When can the person quit the current job? (after filing and before approval OR after the approval)
Click to expand...
I suggest its better to quit the job once you get the approval of your H4 visa.
3. How long does it take for the approval to come in today's times?
Click to expand...
That depends on the service center where you are applying. Check the processing times here
http://www.visapro.com/Vermont-Service-Center.asp
https://egov.immigration.gov/cris/jsps/ptimes.jsp;jsessionid=eG2JFQh4ezO5
4. What if we want to change from H4 to H1 again if some good offer comes along? Does it matter if it is before or after the H4 approval?
Click to expand...
If you get a good offer again your employer can file for change of status from H4 to H-1B.
 
HBK said:
Your spouse must be having valid H-1B status. Then only you are eligible to apply for Change of Status from H-1B to H4.

I suggest its better to quit the job once you get the approval of your H4 visa.

That depends on the service center where you are applying. Check the processing times here
http://www.visapro.com/Vermont-Service-Center.asp
https://egov.immigration.gov/cris/jsps/ptimes.jsp;jsessionid=eG2JFQh4ezO5

If you get a good offer again your employer can file for change of status from H4 to H-1B.
Click to expand...



Hi,
I would appreciate if you could answer my query.
My wife is currently on h1, and we are applying for change of status to h4.But may be afetr 2 months she would like to work again.Now can we still file her new H1, even if ther earlier change of status is pending with INS, or we have to wait till it gets approved.
And on filing her new H1, can she start working immed, or have to wait till h1 approval paper is received. Does she come uder h1-B cap.

please reply..
thanks
Prashant
 
Here's what my understanding is although I would like for someone else to confirm it:

If currently on H1B and you file for AOS to H4 then you can transfer your H1B to new employer only if your H4 petition is pending (you would need to file "another form" to revoke your pending H4 petition). In this case, one can start working with the new employer as soon as both these forms are filed. Also, make sure that your old employer has not revoked your H1b petition.

Now, if your H4 gets approved and then you want to transfer your H1B petition, then your H1b will be filed as a new petition and you will be subject to the new cap. Obviously, you then cannot start work till 1st Oct. It does not matter whether your old employer has revoked your H1b petition or not as you have changed your status to H4.

Like I said, this is my understanding and I am not a lawyer. I would like someone else to confirm it.
 
blahblah said:
Here's what my understanding is although I would like for someone else to confirm it:

If currently on H1B and you file for AOS to H4 then you can transfer your H1B to new employer only if your H4 petition is pending (you would need to file "another form" to revoke your pending H4 petition). In this case, one can start working with the new employer as soon as both these forms are filed. Also, make sure that your old employer has not revoked your H1b petition.

Now, if your H4 gets approved and then you want to transfer your H1B petition, then your H1b will be filed as a new petition and you will be subject to the new cap. Obviously, you then cannot start work till 1st Oct. It does not matter whether your old employer has revoked your H1b petition or not as you have changed your status to H4.

Like I said, this is my understanding and I am not a lawyer. I would like someone else to confirm it.
Click to expand...


Thankyou very much for the reply.
The first part I understood very well, but for second part that you mentioned, I just confirmed with lawyer, that she will not be counted under cap, as she was not outside US for one year.

Just to conform once again, so if old employer doesnot revokde her H1, then we can withdraw her chnage of sttaus app and file new H1 as H1 to h1 transfer is that correct ?

Also in case if her old H1 is revoked, and change of status(COS) is pending, and now if she has a offer. Then can she withdraw her COS app and file new H1. Or she has to wait for COS to be approved (as old H1 is revoked ) in order to file new H1. And can she start working immed on filing new H1 visa, or she has to wait for approval.

Does anyone know, how much time it takes these days to het h1 approval from VERMONT.

please let me know.

thanks
 
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