H4 to H1

VI485

Registered Users (C)
Hi everyone,
I am currently on H1 status and my wife is also on a seperate H1, She wants to quit her job and get on to H4 status.

1. If on a later date she gets a job through another firm will she have to re apply for a H1? does the Quota come into effect then? (there are no more left for this year) or does her cancelled H1 can still be used as far as quota is concerned.

2. Also she has a EAD and our GC is in the last stage 485. Please let us know if going on H4 status now and then H1 when she finds a job is a good idea or going to H4 now and then on to EAD if she finds a job in future a good idea??

Your responses are greatly appreciated
Thanks
 
VI485 said:
Hi everyone,
I am currently on H1 status and my wife is also on a seperate H1, She wants to quit her job and get on to H4 status.

1. If on a later date she gets a job through another firm will she have to re apply for a H1?
Yes, H4 to H1 but not under quota
does the Quota come into effect then? (there are no more left for this year) or does her cancelled H1 can still be used as far as quota is concerned.

2. Also she has a EAD and our GC is in the last stage 485. Please let us know if going on H4 status now and then H1 when she finds a job is a good idea or going to H4 now and then on to EAD if she finds a job in future a good idea??

Better use H4 - H1 until you get your I 485 approved. Safe bet.

Your responses are greatly appreciated
Thanks
 
Thanks for the response Great Guru,
I have a follow up question tho,

When her H4 is approved based on my H1B her visa and my visa will have the same expiry date July 2006. She still has her passport stamped with her existing H1 until Nov 2006. If she travels out of the country in say May or June 06 will she be required to get her passport spamped with the latest H4 or can she still use her old H1 for reentry and show her H4 approval notice to the officer?

Thanks in Advance
 
VI485 said:
Thanks for the response Great Guru,
I have a follow up question tho,

When her H4 is approved based on my H1B her visa and my visa will have the same expiry date July 2006. She still has her passport stamped with her existing H1 until Nov 2006. If she travels out of the country in say May or June 06 will she be required to get her passport spamped with the latest H4 or can she still use her old H1 for reentry and show her H4 approval notice to the officer?

It is not advisable to travel after July 2006 with current H4 status and having H1 visa stamp on the pp. If you change it again to a H1 from H4 you can do that.
Thanks in Advance
 
Top