Questions on H4->h1, H1->H4.

R

rrajendr

Registered Users (C)
Hi
My wife is on a H4 and she is looking for a job to get herself a H1B. I have some questions on the conversion from H4-> h1B and back from H1->h4. Can you please answer it?

H4->h1B:
1) Lets say H1B has been applied and it has been DENIED. What status is she now? Will she need to REAPPLY for H4 COS, ATTEND INTERVIEW for reverting back to H4?
2)Assuming H1B has been approved , how soon should she start working from the validity period of H1B ?
3)Assuming H1B has been approved, does she have to go for an H1B INTERVIEW before she can start working and what happens in case of DENIAL?

H1B->h4:
1)What is the PROCEDURE to revert back to H4 and what FORMS and its ASSOCIATED DOCUMENTS are needed? Are her paystubs,W2 etc are needed?
2)When is it good to apply for a change to H4?
a)Does she have to apply and have it approved BEFORE she quits her job
b)or can she apply AFTER she quits the job and in that scenario what would be her status when the H4 application is in progress and she doesn't work?
3)After the approval of H4 application will she have to appear for AN INTERVIEW to be fully H4 compliant or is ANYTHING needed after H4 approval to become fully H4 compliant?
4)Due to unforseen reasons if she is not possible to work continuously on H1B and wants to revert back to H4 when she hasn't worked for an month or two at the max? Is it an EASY switch to H4 or how RISKY is it ? Will this IMPACT her GC as a beneficary of mine?

Thanks
 
Can someone please help by answering the questions. It would help me a lot in making decisions that has to be made soon.
 
rrajendr said:
Hi
My wife is on a H4 and she is looking for a job to get herself a H1B. I have some questions on the conversion from H4-> h1B and back from H1->h4. Can you please answer it?

H4->h1B:
1) Lets say H1B has been applied and it has been DENIED. What status is she now? Contiue to be H4 Will she need to REAPPLY for H4 COS, ATTEND INTERVIEW for reverting back to H4? No

2)Assuming H1B has been approved , how soon should she start working from the validity period of H1B ? Immediately, if you are in US

3)Assuming H1B has been approved, does she have to go for an H1B INTERVIEW before she can start working and what happens in case of DENIAL? No if the candiate is within US and have I 94 at the bottom of approval notice.(Valid I 94)
H1B->h4:
1)What is the PROCEDURE to revert back to H4 and what FORMS and its ASSOCIATED DOCUMENTS are needed? Are her paystubs,W2 etc are needed? No pay stub needed.

2)When is it good to apply for a change to H4? If you got fired form the job.
a)Does she have to apply and have it approved BEFORE she quits her job. No
b)or can she apply AFTER she quits the job and in that scenario what would be her status when the H4 application is in progress and she doesn't work? She will not be out of status 3)After the approval of H4 application will she have to appear for AN INTERVIEW to be fully H4 compliant or is ANYTHING needed after H4 approval to become fully H4 compliant?
4)Due to unforseen reasons if she is not possible to work continuously on H1B and wants to revert back to H4 when she hasn't worked for an month or two at the max? Is it an EASY switch to H4 or how RISKY is it ? Will this IMPACT her GC as a beneficary of mine? Will not affect GC, very easy to convert to H4
Thanks
Click to expand...
 
Hi great guru
Thanks for your reply. Just last few questions based on your suggestions.

H4->H1:
3)For question 3), do they GENERALLY get a VALID I-94 in the approved letter and can continue to work without interview or will the INS ask her to appear for an INTERVIEW before she starts to work without providiing a valid I-94 in the approval notice.

H1->H4:
3) Sorry, I didn't get an reply from you on this. Below is the question I repeat it back again:
After the approval of H4 application will she have to appear for AN INTERVIEW to be fully H4 compliant or is ANYTHING needed after H4 approval to become fully H4 compliant, assuming she is in US?

Thanks a lot.
 
H1-> H4 H4 -> H1 DOUBTS

Hi,

I'm have the same doubt.I'm in H4 and would like to do H1.

My questions are:
------------------
1. Incase I dont get a job within 6 months,then H1 will become out of status.In this case to convert back to H4 what are the procedures? My husband is in H1,it is possible to convert from H1 to H4 through his employer / should I go back to India and apply for fresh H4 and come back to US?

2.Since h1 becomes out of status after 6months,If I dont find a job,Can I convert my H1 to H4 ...say at the mid of 5th month?

Thank you.


Regards
 
rrajendr said:
Hi great guru
Thanks for your reply. Just last few questions based on your suggestions.

H4->H1:
3)For question 3), do they GENERALLY get a VALID I-94 in the approved letter and can continue to work without interview ( YES) or will the INS ask her to appear for an INTERVIEW before she starts to work without providiing a valid I-94 in the approval notice.
If no I 94 at the bottom, she has to go out and get the visa stamped before starting the job.
H1->H4:
3) Sorry, I didn't get an reply from you on this. Below is the question I repeat it back again:
After the approval of H4 application will she have to appear for AN INTERVIEW to be fully H4 compliant ( No need if there is I 94 at the bottom of approval notice) or is ANYTHING needed ( YES approved H4 notice with I 94 at bottom nothing else to continue to stay in US) after H4 approval to become fully H4 compliant, assuming she is in US?

Thanks a lot.
Click to expand...
 
Hi Ginnu
Thanks for the reply. Based on your reply I have one final set of questions.

H1->h4:
3) for the question 3) on the H1->H4 COS. Do they GENERALLY approve the H4 with an attached I-94 or what is the generic process?
5)Is there any premium processing for this COS?

COS:
I also have some questions on COS which is generic (ie H1->H4, H4->H1 )
1) I heard that with "International travel while a change of status petition is pending is abandonment of the Change of Status portion of the application". Now what does this ABANDONMENT mean?
a)Does abandonment mean in case of H4->H1 COS application "HIB IS APPROVED but with NO I-94 attached with it and hence to get valid status you will be have to go to the consulate for interview and get a valid I-94 along the way".
b)Also incase of abandonment of COS from H4->H1 what will her status be if she is in India on valid H4 till now (ie valid I-94 and valid H4 stamp) and if she is back in US on a valid H4 till now (ie valid I-94 and valid H4 stamp)
c)Does the a),b) hold true in case of H1->H4 COS as well (ie reverse case)?
 
rrajendr said:
Hi Ginnu ( I am not Ginnu)
Thanks for the reply. Based on your reply I have one final set of questions.

H1->h4:
3) for the question 3) on the H1->H4 COS. Do they GENERALLY approve the H4 with an attached I-94 or what is the generic process? Yes, If you are mainting your status without any break. 5)Is there any premium processing for this COS? As far as I know H4 to H1 COS, yes there is premium. For h1 to H4 why do you need. Just apply and wait.

COS:
I also have some questions on COS which is generic (ie H1->H4, H4->H1 )
1) I heard that with "International travel while a change of status petition is pending is abandonment of the Change of Status portion of the application". Now what does this ABANDONMENT mean?
a)Does abandonment mean in case of H4->H1 COS application "HIB IS APPROVED but with NO I-94 attached with it and hence to get valid status you will be have to go to the consulate for interview and get a valid I-94 along the way".
b)Also incase of abandonment of COS from H4->H1 what will her status be if she is in India on valid H4 till now (ie valid I-94 and valid H4 stamp) and if she is back in US on a valid H4 till now (ie valid I-94 and valid H4 stamp)
c)Does the a),b) hold true in case of H1->H4 COS as well (ie reverse case)?
Click to expand...
 
HI Great guru
Thanks for the reply. Oops I mistyped ur name in my previous post. Do you have any insight into the COS. Can you please answer my questions on COS? For your reference I have it posted back again below:

COS:
I also have some questions on COS which is generic (ie H1->H4, H4->H1 )
1) I heard that with "International travel while a change of status petition is pending is abandonment of the Change of Status portion of the application". Now what does this ABANDONMENT mean?
a)Does abandonment mean in case of H4->H1 COS application "HIB IS APPROVED but with NO I-94 attached with it and hence to get valid status you will be have to go to the consulate for interview and get a valid I-94 along the way".
b)Also incase of abandonment of COS from H4->H1 what will her status be if she is in India on valid H4 till now (ie valid I-94 and valid H4 stamp) and if she is back in US on a valid H4 till now (ie valid I-94 and valid H4 stamp)
c)Does the a),b) hold true in case of H1->H4 COS as well (ie reverse case)?
 
Hi
I have applied for my wifes H1B with COS from H4. I have been getting lots of RFE's and am just wondering in this scenario where USCIS conditionally approves H1B and denies COS on the grounds that she has to go to the consulate for stamping. In this scenario

1) What STATUS is she before she goes for teh consulate interview and how SOON should she go?
2) If she doesn't want to go to the consulate interview for H1B and rather wants to be in old valid H4(since her I-94 would still be valid), Will that be POSSIBLE? If it is possible what is the PROCEDURE?

THanks
 
rrajendr said:
Hi
I have applied for my wifes H1B with COS from H4. I have been getting lots of RFE's and am just wondering in this scenario where USCIS conditionally approves H1B and denies COS

Unless she is out of status in H4, COS will not be denied due to RFE
on the grounds that she has to go to the consulate for stamping. In this scenario

1) What STATUS is she before she goes for teh consulate interview and how SOON should she go?
2) If she doesn't want to go to the consulate interview for H1B and rather wants to be in old valid H4(since her I-94 would still be valid), Will that be POSSIBLE? If it is possible what is the PROCEDURE? YES, if it is a new H1
THanks
Click to expand...
 
Hi Greate guru
Based on your reply, I have the following questions. I couldn't understand your reply clearly and hence to clarify it backagain I reiterate my understanding, please let me know if that is right.. I have also attached the RFE for your reference for which you offered your advice in a separate thread
http://www.immigrationportal.com/showthread.php?t=182468

Hence in this scenario where my wife goes from an H4 -> new H1B using COS application, you mean to say that conditional approval of H1B (that she has to travel to the consulate for visa stamping before she could be in H1B status) and denial of COS is NOT possible since this scenario is applicable only when a person is OUT OF STATUS which she wouldn't be since she is in H4 right now. Is that RIGHT?

Hence the only possible outcome for the COS application is either APPROVAL or DENIAL? Please let me know if that is right.

 
Last edited by a moderator:
rrajendr said:
Hi Greate guru
Based on your reply, I have the following questions. I couldn't understand your reply clearly and hence to clarify it backagain I reiterate my understanding, please let me know if that is right.. I have also attached the RFE for your reference for which you offered your advice in a separate thread
http://www.immigrationportal.com/showthread.php?t=182468

Do not confuse with above RFE ehich is pertaining to Employer, if employer fail to provide this evidence to INS, no body gets H1 through this employer.

Hence in this scenario where my wife goes from an H4 -> new H1B using COS application, you mean to say that conditional approval of H1B (that she has to travel to the consulate for visa stamping before she could be in H1B status) and denial of COS is NOT possible since this scenario is applicable only when a person is OUT OF STATUS which she wouldn't be since she is in H4 right now. Is that RIGHT?

Here, she has to get COS approval only, denial means she will still get H1 approval with no I 94 at the bottom, for that she has to go out and come back with new I 94 with caveat H1 on it. But she is on status per your statement , so this situation should not arise at all.

Otherwise if COS is denied , then employer fault of not providing sufficent evidence as requested by the INS.
Hence the only possible outcome for the COS application is either APPROVAL or DENIAL? Please let me know if that is right.
Click to expand...
 
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