H1 to H4 question

B

boboli

Registered Users (C)
I know it is not the right forum,but here I guess I can get more response. thanks!
Friend just got laid off. so he wants to change from H1 to h4. what kind of form he will fill in? is I-539 correct?
if later he find a job, and wants to change from H4 to new H1, does that new H1 belong to the 2004 quota?
Appreciate anyone's informaiton.
thanks thanks
 
I know it is not the right forum,but here I guess I can get more response. thanks!
Friend just got laid off. so he wants to change from H1 to h4. what kind of form he will fill in? is I-539 correct?

Yes

if later he find a job, and wants to change from H4 to new H1, does that new H1 belong to the 2004 quota?

Your friend has to wait till 2005 quota opens up. It will be a new H1b.

Appreciate anyone's informaiton.
thanks thanks

Ask your friend to keep receipt of mailing for I-539 and a photocopy of I-539. Too many thanks - one will do. :D
 
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Check with attorney, I am 90% confident that it will not be from new quota, it will be still a transfer.
 
gp111,

That is a H1b to H1b case. If you get on EAD, your H1 status becomes dormant(but still 'technically' live) for rest of H1 period. What is not clearly written is that one will have to definitely go out of USA and then re-enter to be on H1b status.

In the case you mentioned - person will come under quota for sure.

Here the case is similar - person is laid off - so H1b status is over.

Hope it helps.
 
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