H1-h4-h1

A

aarthy

New Member
I came to U.S in h4 in January 2004 and the did my H1B and started working in October 2005.Now I am laid off and am planning to change back to H4. If I get a job,can I work immediately upon applying for COS to H1 or will I come under H1B Cap and should I wait till October 2006 to start working?Pls Advise :confused:
 
Hi,
You are exempt from Cap. I was on H1, Iam on h4 now.I have got offer and my employer is able to file H1 for me without falling under quota.
Thanks to this site I came to know about this.
if u previously held h1 status then u wld not be subject to cap if u file for a new h1
Note that authorization to work is determined by I94.
u can start working only from the date mentioned on the I94 which u should get along with the h1b approval.
 
Last edited by a moderator:
Hi neeta,

Thanks you for the info.Could you please tell me the procedure for converting H1 visa back to H4 and how long does it take?

Thanks,
Aarthy
 
Hi, You need to fill "I 539 " Forn, Application of change /EXtend Non immigrant status.
You can download it on uscis.gov - forms page

You would be needing your spouse I 94,passport pages, approval,I 797,marriage certificate.I think your last paystubs etc.
Pls check the form for all info.I dont remeber all the docs ,My case was filed by my spouses company attorney.
 
neeta1 said:
Hi, You need to fill "I 539 " Forn, Application of change /EXtend Non immigrant status.
You can download it on uscis.gov - forms page

You would be needing your spouse I 94,passport pages, approval,I 797,marriage certificate.I think your last paystubs etc.
Pls check the form for all info.I dont remeber all the docs ,My case was filed by my spouses company attorney.
Click to expand...
I have the same situation. Could you please tell me I need to get LCA again for the new employment?
 
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,
 
H1-H4-H1: do you need to wait for approval?

I have worked on H1 for a couple of years, after which I changed my status to H4. Now, I am changing it back to H1.

Do I need to wait for H1 approval, or can I start working as soon as I file my application?
Would it make any sense to go for premium processing in this situation?

Thanks.
 
saduja said:
I have worked on H1 for a couple of years, after which I changed my status to H4. Now, I am changing it back to H1.

Do I need to wait for H1 approval, or can I start working as soon as I file my application?
Would it make any sense to go for premium processing in this situation?

Thanks.
Click to expand...

You need to wait for the approval.
 
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