H1-H4-h1

N

neeta1

Registered Users (C)
Hi ,
I was on H1 visa for 3 years.I resigned last year and is currently on H4 Visa.
Now I have got a job offer.
1)Can we apply for h1 B visa now without waiting for fresh quotas? (am I exempt from the H1B cap)

I have seen ans Yes in some really old posts. But is it tru in YR 2006 also? As,My company lawyer said this cant be done so I am looking if anyone actually got it or not?

Pls reply it is urgent, has anyone had similar case?Were you able to got your H1 visa without being subjected to quota?
Thanks
BR
 
neeta1 said:
Hi ,
I was on H1 visa for 3 years.I resigned last year and is currently on H4 Visa.
Now I have got a job offer.
1)Can we apply for h1 B visa now without waiting for fresh quotas? (am I exempt from the H1B cap)

I have seen ans Yes in some really old posts. But is it tru in YR 2006 also? As,My company lawyer said this cant be done so I am looking if anyone actually got it or not?

Pls reply it is urgent, has anyone had similar case?Were you able to got your H1 visa without being subjected to quota?
Thanks
BR
Click to expand...
 
Without cap you can get your H1 at any time.
You will get your H1 for the period equal to

6 years - H1 (Duration) - H4 = your actual new H1 duration.
If remaining time is zero, you will not get your H1.


neeta1 said:
Hi ,
I was on H1 visa for 3 years.I resigned last year and is currently on H4 Visa.
Now I have got a job offer.
1)Can we apply for h1 B visa now without waiting for fresh quotas? (am I exempt from the H1B cap)

I have seen ans Yes in some really old posts. But is it tru in YR 2006 also? As,My company lawyer said this cant be done so I am looking if anyone actually got it or not?

Pls reply it is urgent, has anyone had similar case?Were you able to got your H1 visa without being subjected to quota?
Thanks
BR
Click to expand...
 
I have almost 13 months remaining. I was on H1 from 03/2001 to 10/2004, then on h4 till now.

Lawyer has not even evaluate the entire case, It just he is sayinh it is not going to be approved. As he has seen variuos simiar cases in the past and got denied. So he is certain.
I am trying to convince my employer to get another lawyer.
Do you know any documents from ins which says that so I cam convince them.
God! looks like i am going to loose this offer only because company lawyer doen not know how to handle this one.
 
Your laywer has not seen any of those cases in hi life that is the reason is not confident. This is one of the simplest case any 'attorney' can do it.


neeta1 said:
I have almost 13 months remaining. I was on H1 from 03/2001 to 10/2004, then on h4 till now.

Lawyer has not even evaluate the entire case, It just he is sayinh it is not going to be approved. As he has seen variuos simiar cases in the past and got denied. So he is certain.
I am trying to convince my employer to get another lawyer.
Do you know any documents from ins which says that so I cam convince them.
God! looks like i am going to loose this offer only because company lawyer doen not know how to handle this one.
Click to expand...
 
Thanks Great GURU for helping!

My company is going to file it through another lawyer.
However, I am now terribly frightened by first one that it is not going to be approved though!
Will come to know in 2 weeks!
Guru, Is it necessary to have passport valid for atlaest six months to apply H1B visa?My passport is getting expired in about 4months.
Do you suggest me to renew passport first and then send papers or it is allright to go ahead and renew the passport in normal pace.
Thanks again!
 
For H1 petition no need of pp, but visa stamping you have to have your pp renewed.

At any case start renew it , may take less than 3 weekss by mail.

neeta1 said:
Thanks Great GURU for helping!

My company is going to file it through another lawyer.
However, I am now terribly frightened by first one that it is not going to be approved though!
Will come to know in 2 weeks!
Guru, Is it necessary to have passport valid for atlaest six months to apply H1B visa?My passport is getting expired in about 4months.
Do you suggest me to renew passport first and then send papers or it is allright to go ahead and renew the passport in normal pace.
Thanks again!
Click to expand...
 
Hi, I am posting this to say thanks to you Great guru for all your ehlp.
Just in case it matters and helps any one , my h1 from h4 got approved without being subjected to cap.
 
Make sure you file your LC PERM before you corsses 5th year H1 to renew your H1 beyond 6th year.


neeta1 said:
Hi, I am posting this to say thanks to you Great guru for all your ehlp.
Just in case it matters and helps any one , my h1 from h4 got approved without being subjected to cap.
Click to expand...
 
Actually I have crossed 5thyear already as my five years got complated on 1st march and I got approval on 28 feb.

However, the new approval is valid till aug 2007 instead of 28 feb 2007.
I guess they have recaptured the time I stayed outside USA during last 5 years. (the 6 months total time i stayed outside usa)
Does this means I have to start Perm sometime between now and aug. Or am I late?
If I start LC(Perm) and file I 140 once labour is cleared, Are there any chances of my getting 7th year extension?
Thanks again!
 
neeta1 said:
Hi, I am posting this to say thanks to you Great guru for all your ehlp.
Just in case it matters and helps any one , my h1 from h4 got approved without being subjected to cap.
Click to expand...
Do you have get LCA again?
 
Hi friends,

Please help me with my case
---------------------------

I came to US for 3 months project through my Indian company which filed my H1b. Then after 3 months I went back to India and after 4 months of that, I got married and came to US on H4 status with my husband.

Now when I am in US on H4 status, I got a job offer but the company's lawyer says that they can not convert from H4 to H1. I did mention to him that I was having H1 earlier which is still valid till 20100.

Is it possible to convert from H4 to H1 without going through H1b cap???

Am I correct that he will need form 1-539 from me. PLEASE REPLY ASAP this is very urgent or I might loose the job.

PS: My H1b was valid till 2010.

amit.seh@gmail.com

-thanks a ton for help,
 
Should I transfer my H1 to H4 and again back to H1?

Hi,

I am on H1 and it is valid till Sep 2009. I lost my project in Mar 2008 and looking for a project.
Because of the bad market, I am not able to get any project since then. I am 7 months pregnant and due in Jan. My employer came to know about this and wants me to transfer my status from H1 to H4. I was told that I can come back on H1 after the baby is born. This way I can have a reason for not having recent paystubs.
1. Is it advisable to transfer from H1 to H4 and again back to H1? If yes, do I have to go through the new H1 quota again ?
2. or should I still keep my H1 as it is ?
3. Has anyone gone thru this situation ?
4. As I am on bench since last 6 months, I want to start working immediately after the baby is born. Can the same H1 be valid ?

Please Help.!!
Yogini
 
You are out of status since you have not been paid. You will not be able to do a COS to H4 since you must be in status to do a COS.

You must file a complaint with the DOL and be paid for the time during which you had no project since you must be apid at all times. You need to speak with an attorney as you are digging an ever feaper hole for yourself. You really should leave the country since you will need to have consular processing for anything you do at this time if you do choose not to file a complaint against your employer.

Why did you let the situation get to this point and be so pregnant that it is not good for you to travel?
 
Hi

I came to US on Jan 2007 as a H4 visa holder which is valid until sept 2009. oct 2007 i got H1b approval. but not yet get stamping .sept 2007 i delivered baby. hence i couldnt get any projects and till now i dont have any pay stubs. now i need to go to India urgently for personal reasons and need to come back again after 3 months.

obviously i can't go for H1b stamping since i dont have paystubs

when i return to US can I use my H4 visa.

If yes what happened to my SSN . can i use after coming here in H4

please clarify me.
please send me mails if you know the solution.
my mail id kavitha.varnika@gmail.com
 
Hi folks,

I just love this forum. Amazing resource for people who can't afford to go see a lawyer.

Could someone please advise based on the info below?

Situation: My wife entered the US in 2007 on H4 from India. She then got hired by this Indian Consultant Company that applied for an H1 for her to start working. The petition was picked in the lottery and was also approved. Her H1 start date was Oct 1st of 2008. She has been on the bench since then until now with no pay and paystubs. Her employer is now asking her to switch back to H4 via COS application and continue to look for a client project. The employer added that she can once again switch back to H1 upon getting a project.

Q1: Is she out of status now? Is there a grace period to stay unpaid on H1? I hear it is 3 months. True?
Q2: Is an H1 transfer possible in case she gets a new job offer from another company?
Q3: Was are the risks associated with changing her status back to H4?
Q4: If we do go ahead and put her back on H4, will it be hard to bring her back on H1 later on when she gets a job?

Please help ASAP since we are at a pretty serious state right now and we need to act asap!

Thanks a lot!
Ram
 
defilo said:
Hi folks,

I just love this forum. Amazing resource for people who can't afford to go see a lawyer.

Could someone please advise based on the info below?

Situation: My wife entered the US in 2007 on H4 from India. She then got hired by this Indian Consultant Company that applied for an H1 for her to start working. The petition was picked in the lottery and was also approved. Her H1 start date was Oct 1st of 2008. She has been on the bench since then until now with no pay and paystubs. Her employer is now asking her to switch back to H4 via COS application and continue to look for a client project. The employer added that she can once again switch back to H1 upon getting a project.

Q1: Is she out of status now? Is there a grace period to stay unpaid on H1? I hear it is 3 months. True?
Where did you hear that? There is no such thing. She needs to get paid all the time. She will not be able to change status without paystubs. Seek legal help.
Q2: Is an H1 transfer possible in case she gets a new job offer from another company?
Same with transfer, she is out of status and cannot transfer.
Q3: Was are the risks associated with changing her status back to H4?
No risks, it is the thing to do. If you can do it.
Q4: If we do go ahead and put her back on H4, will it be hard to bring her back on H1 later on when she gets a job?
No problem
Please help ASAP since we are at a pretty serious state right now and we need to act asap!

Thanks a lot!
Ram
Click to expand...

Answers above.
 
Thanks again. 3 last questions.... Now that she doesn't have any paystubs from her current employer, if she wants to switch back to H1 from H4 in the future,

1. would that be possible?
2. will she be subject to the CAP since she doesn't have any pay stubs?
3. If she can get back on H1, will she need to stick with the current employer?

Thanks much for all the help!
 
defilo said:
Thanks again. 3 last questions.... Now that she doesn't have any paystubs from her current employer, if she wants to switch back to H1 from H4 in the future,

1. would that be possible?
2. will she be subject to the CAP since she doesn't have any pay stubs?
3. If she can get back on H1, will she need to stick with the current employer?

Thanks much for all the help!
Click to expand...

Defilo, we are in the same situation as yours. The attorney of my wife's company wanted us to file a COS (i539), and he did mention a 60 day grace period after the H1-B kicked in. I am assuming things will be ok if we file the COS to H4 now. Did you get anymore details following your post ?
 
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