H4 to H1 amendment

[ssssamy]

Hi,
I am in my h4 visa now.I have applied h1b in 2007 and got it approved but because of some problems i was not working & in my H4 only.Btw i went to my country(twice) for an year and came back now.My question is how long my H1b will be active ?..When i spoke to my employer they said it would have been expired but they can do the amendment once i got the project and i can go for job immediately as it will take only 2 days.
1)How long it will take for amendment?.
2)How long H1b will be active?.
3)What is the time period with in which i need to do my h1b amendment to keep the visa safe.
Thanks in advance..

 

[ginnu]

Hi,
I am in my h4 visa now.I have applied h1b in 2007 and got it approved but because of some problems i was not working & in my H4 only.Btw i went to my country(twice) for an year and came back now.

My question is how long my H1b will be active ?..When i spoke to my employer they said it would have been expired but they can do the amendment once i got the project and i can go for job immediately as it will take only 2 days.
**** They provided you Wrong info
----------------- your past H1 petition is not Active as you did not work on H1 status. Your employer should file Fresh H1 Petition with copy of your past H1 approval notice
1)How long it will take for amendment?.
--------No amendment. employer should go for Fresh H1
2)How long H1b will be active?.
---------- If approved it depends on LCA and dates asked on Petition
3)What is the time period with in which i need to do my h1b amendment to keep the visa safe.
----- you are on H4. your H1 is Not safe at this time file new H1 petition.
Thanks in advance..

--------------- Talk to good lawyer or Company Lawyer. From your post it seems your Employer has no job for you and that is the reason they are asking "when you get Project" Employer must be ready to pay once you are on H1 status. Project or no project. If employer does not pay and you wait for Project then you go out of Status. Your Employer does not have Real job at this time for you.