Transferring from H1 to H4 and then H1 again if needed?

[rookpartner]

Hi all,

I am currently on a H1 that is valid until 2011, but working abroad on an international project. My spouse recently got a job in a different state in the US than where I am based and will be on H1 also. Since my current job is not transferrable to that state, I will have to find a new job that state in a short time. Or the other option is to go on H4 (become my spouse's dependent) for some time. My questions are relating to that possibility.

(Both of us living in different states for some time and visiting each other over weekends is currently not an option as I am on a long term international project, so I will most definitely have to quit my job and find a job in the same state to be together. )

So I have two questions.
1) If I am not able to find the new job and I apply for a H4 visa. Suppose my H4 application gets accepted and I enter the USA on my H4 visa and then I find a job. Is it easy to convert back to H1 visa? To do so, will I be subject to the H1B cap and have to go through the lottery again? Or will I be exempt from the lottery since I already possessed a H1B earlier to my H4?

2) Suppose my H-4 has been applied for but I have not used it yet to enter the US and I do get another job, can I enter using my H1 and continue working on my H-1 and send a petition for transfer of my H1 even though the H-4 has been applied for?

Looking forward to your replies. Thanks.

 

[ginnu]

Hi all,

I am currently on a H1 that is valid until 2011, but working abroad on an international project. My spouse recently got a job in a different state in the US than where I am based and will be on H1 also. Since my current job is not transferrable to that state, I will have to find a new job that state in a short time. Or the other option is to go on H4 (become my spouse's dependent) for some time. My questions are relating to that possibility.

(Both of us living in different states for some time and visiting each other over weekends is currently not an option as I am on a long term international project, so I will most definitely have to quit my job and find a job in the same state to be together. )

So I have two questions.
1) If I am not able to find the new job and I apply for a H4 visa. Suppose my H4 application gets accepted and I enter the USA on my H4 visa and then I find a job. Is it easy to convert back to H1 visa?
------when you are out of US you go to US consulate and get H4 visa stamp based on your spouse H1. Enter US on H4 status and if you find US employer then that employer can file H4 to H1 COS petition in US and once H4 to H1 gets approved you can work on H1 status.
To do so, will I be subject to the H1B cap and have to go through the lottery again?
------------------if not staying out of US more than 1 year then no cap.
Or will I be exempt from the lottery since I already possessed a H1B earlier to my H4?

2) Suppose my H-4 has been applied for but I have not used it yet to enter the US and I do get another job, can I enter using my H1 and continue working on my H-1 and send a petition for transfer of my H1 even though the H-4 has been applied for?
-----------------you can enter on H1 if the H1 employer has job for you then get 2-3 pay stub and new employer can file H1 transfer for you.
Looking forward to your replies. Thanks.

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[rookpartner]

Recap of Scenario 1: Currently have H1 but am out of US still working for same company. Quitting job, Entering on new H4. If wanting to convert from H4 to H1 later on after entering states...I had asked if I would be subject to cap.

------------------if not staying out of US more than 1 year then no cap.

Does this 1 year restriction apply right now while my H-1 is valid? Or does it apply after I surrender my H1B by converting onto H-4?


Recap of Scenario 2: Entering on H-1 with a new employer that I find while I am still abroad.

-----------------you can enter on H1 if the H1 employer has job for you then get 2-3 pay stub and new employer can file H1 transfer for you.

Suppose I am unable to get 2-3 pay stubs. But I have been working for same employer in another country and have pay stubs from them from their foreign entity. Have pay stubs from this employer from before when I went on leave of absence and moved out of USA for a international project. Would it be possible to transfer H1 to another employer without having to rejoin the same employer in US showing 2-3 recent paystubs from same company's international entity as well as 2-3 paystubs from when I was in US on the payroll of US entity of my company?

Note: During my entire stay in the US, never been out of status. Everything is legal and for genuine project reasons and is well documented that I am on Leave of Absence in the US for working abroad on a project.

Thanks.