H1B to H4 to H1B

G

gvsus

New Member
Hi,
I have completed my 6 six years on H1 and converted to H4 after that since my Wife has labor pending and she got 7th year extension.

I heard there is a new memo which lets the H4 holder to file for H1, if the company that holds the H1 of the spouse has pending labor and is interested in future employement of the H4 holder.

1)Is there a way to change back to H1 without leaving the country for one year?
2)After an year outside the country if I want to apply for H1(change from H4) is that counted towards the H1 cap?

Thanks
 
gvsus said:
Hi,
I have completed my 6 six years on H1 and converted to H4 after that since my Wife has labor pending and she got 7th year extension.

I heard there is a new memo which lets the H4 holder to file for H1, if the company that holds the H1 of the spouse has pending labor and is interested in future employement of the H4 holder.

1)Is there a way to change back to H1 without leaving the country for one year?

Whoever wants to extend their H1 beyond 6 yrs their own (not wife's or husband's) LC must be pending with any of X or y or Z comapny more than a year.
2)After an year outside the country if I want to apply for H1(change from H4) is that counted towards the H1 cap? YES. It is not change from h4 to h1, it must be a new H1 under quota
Thanks
Click to expand...
 
Thanks great_guru for your response.

I know that was how it used to be, but the lawyer my wife talked to said he heard of a new memo that might allow that. Just checking to make sure.
 
gvsus, just out of curiosity, how much does it cost to convert to H4 from H1? is is the same as a fresh H4? also, can one file on his own here or do u need a lawyer?
 
it would really help if gvsus could detail on the process and requirement for converting to h4 from h1b. can u file it on your own or a lawyer is needed

thnx
 
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