H1 To H4 To H1

[guest1978]

I am currently waiting for PD to become current(EB3, Jul 2003). I want to go to school full time, so I might switch to h4 and go to school that way. I will lose my GC Application, but my question is:
1. Can I have an employer maintain my GC application even when I am on h4 status, since it's for a future job?

If 1) doesn't work then
2. Once I am done with my school on h4, can i switch back to h1. would the 6 year clock start fresh for me?

Thanks

 

[NEWH1_usa]

 

[great guru]

I am currently waiting for PD to become current(EB3, Jul 2003). I want to go to school full time, so I might switch to h4 and go to school that way. I will lose my GC Application, but my question is:
1. Can I have an employer maintain my GC application even when I am on h4 status, since it's for a future job? Absolutely YES

If 1) doesn't work then
2. Once I am done with my school on h4, can i switch back to h1. would the 6 year clock start fresh for me? NO, but your H4 period will not be counted in your H1 6yrs initial period. Since your LC is pending more than a year you may continue to renew your H1 until your I 485 gets approved.
Thanks

 

[guest1978]

If I can be on h4 status(ie switch from h1 to h4) while my GC is pending, and my spouse is on H1(she is not on GC app yet). Once I switch what happens if my PD becomes current while I am on h4, since I am not working at this point can I still get the GC?

I am already in the 8th yr of my H1. So if I switch back to H1 from H4, then would I first have to leave the country for a year or something similar?

Thanks

 

[great guru]

If I can be on h4 status(ie switch from h1 to h4) while my GC is pending, and my spouse is on H1(she is not on GC app yet). Once I switch what happens if my PD becomes current while I am on h4, since I am not working at this point can I still get the GC?
Even if you are not in USA and staying in your home country without working you can get your GC processed. If PD became current while you are in US in any status F/B/H1/H4/L1 you can make AOS, if you are out side US you can select counsellor processing at your home country. But your sponser able to help you out in those situation without cancelling your GC processing at any point of time
I am already in the 8th yr of my H1. So if I switch back to H1 from H4, then would I first have to leave the country for a year or something similar? NO, need.
Thanks

 

[guest1978]

I already have the EAD/AP based on the 485 filing. I want to go on h4 to pursue full time MBA. Can I do an internship based on my existing EAD/AP?? Can my employer even apply for renewal of EAD/AP while I am not working for that employer?

Thanks

 

[great guru]

Why do you want to go H4? You can do everything with your EAD.

I already have the EAD/AP based on the 485 filing. I want to go on h4 to pursue full time MBA. Can I do an internship based on my existing EAD/AP?? Can my employer even apply for renewal of EAD/AP while I am not working for that employer?

Thanks

 

[guest1978]

so i can use my EAD to go MBA full time. What status will I report to the school(ie resident/non resident)? My EAD/AP is through company C, whom I won't be working for and I'll be using it to go to school. Also I'll be asking Company C to renew EAD/AP for me, right?

Why do you want to go H4? You can do everything with your EAD.

 

[great guru]

z

so i can use my EAD to go MBA full time. What status will I report to the school(ie resident/non resident)?
485/EADMy EAD/AP is through company C, whom I won't be working for and I'll be using it to go to school. Also I'll be asking Company C to renew EAD/AP for me, right? YES