H4-h1-h4-h1

S

sanika

New Member
I came to US on H4 in Feb 2007, then applied for H1 in April 2008 and got approved in Oct 2008. As I broke my Right forearm in Sep 2008 Since then I has not been working on my H1B till Jan 2008(I gave letter to Employer stating I cannot take Job due to Injury) .I applied for SSN in Dec 2008. From Jan 2008 to tilldate I couldn't find Job. My consultant(Employer) is saying he wants to cancel my H1B visa due to market conditions. Now I would like to change my status to H4 again. I do not have the paystubs since I got my H1B approved. My questions regarding the status change are as below:

1. H4 - H1 - H4 -H1 - Change of status. Is it possible?

a) I know that we need to file for change of status from H1 to H4. For this what all documents I supposed to present?

b) Does I need to go out of US and get my H4 stamped or I can apply for change of status and stay in US without having to travel outside US?

c) If my employer cancel my H1B petition? then what are my chances to change back to H1 (using the same H1 Petition) in future, if I finds a job?

d)Does I need to apply for a new H1 in April or I can just file change of status(H4-H1) as and when I finds a new job?

e) what is the procedure and the necessary documents required for change of status from H4 -H1 in future?

f) Can I file my H1 with the same employer or has to file with the new employer in future?

g) If I files for COS(H4-H1) in future, does I again has to go out and get my H1 stamped before I starts working?my current H1 is valid till Oct 2011.


h) Does I need Paystubs to change my status from H1 to H4 and then in future if I wants to change status from H4 to H1 again , does I again need paystubs?


i) What are the risks associated with changing my status back to H4 and to H1 in the future?

j) On changing my status to h4, what will happen to my Social Security Number?

K)what I need to do with current drivers licence if we change status from
H1 - H4.

Please reply. Your response is greatly appreciated, as time is nearing.


Thanks in advance

Sanika
 
sanika said:
I came to US on H4 in Feb 2007, then applied for H1 in April 2008 and got approved in Oct 2008. As I broke my Right forearm in Sep 2008 Since then I has not been working on my H1B till Jan 2008(I gave letter to Employer stating I cannot take Job due to Injury) .I applied for SSN in Dec 2008. From Jan 2008 to tilldate I couldn't find Job. My consultant(Employer) is saying he wants to cancel my H1B visa due to market conditions. Now I would like to change my status to H4 again. I do not have the paystubs since I got my H1B approved. My questions regarding the status change are as below:

1. H4 - H1 - H4 -H1 - Change of status. Is it possible?

a) I know that we need to file for change of status from H1 to H4. For this what all documents I supposed to present?
I-539 form and paystubs, you can find the rest of documents in instructions/FAQ section.

b) Does I need to go out of US and get my H4 stamped or I can apply for change of status and stay in US without having to travel outside US?
Both things are possible, choice is yours.

c) If my employer cancel my H1B petition? then what are my chances to change back to H1 (using the same H1 Petition) in future, if I finds a job?

You are cap counted and do not have to go through lottery again, but new employer has to file a new petition.

d)Does I need to apply for a new H1 in April or I can just file change of status(H4-H1) as and when I finds a new job?
Just COS and new employer filing new petition as above anytime

e) what is the procedure and the necessary documents required for change of status from H4 -H1 in future?

Similar to H1-H4, check FAQ or google.


f) Can I file my H1 with the same employer or has to file with the new employer in future?

Whoever gives you a job, they have to file not you

g) If I files for COS(H4-H1) in future, does I again has to go out and get my H1 stamped before I starts working?my current H1 is valid till Oct 2011.

Stamping is required for traveling and returning only. For valid status you need valid I-94 and petition.

h) Does I need Paystubs to change my status from H1 to H4 and then in future if I wants to change status from H4 to H1 again , does I again need paystubs?

In you case you need to document your sickness with proof and present it. An attorney could be useful. Without that understand that you are out of status right now.

i) What are the risks associated with changing my status back to H4 and to H1 in the future?

If approved, no risks. In fact you have to do this or leave.

j) On changing my status to h4, what will happen to my Social Security Number?

Nothing, SSN is irrelevant from immigration perspective.

K)what I need to do with current drivers licence if we change status from
H1 - H4.

Nothing.

Please reply. Your response is greatly appreciated, as time is nearing.


Thanks in advance

Sanika
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