Urgent: H1 to H4 to H1 again..how to calculate time against 6 years?

Discussion in 'H Visa - Links to Important Info.' started by confused_immigrant, Jul 31, 2018.

  1. confused_immigrant

    confused_immigrant New Member

    My original H1 was approved on Jan 01st 2012. After that, I applied for H4 on Jan 14th, 2015 while staying in the US. I quit my job on Jan 23rd, 2015. My H4 application was approved on Nov 24th, 2015. So, will the 10 months between Jan 23rd and Nov 24th be counted against 6 years of H1? Thanks!
     
  2. whitemimauz3

    whitemimauz3 Registered Users (C)

    The day your H-4 is approved is when clock stops ticking on H1B time. Remember this is change of status from H-1B to H-4 & it is effective only when it is approved.
     
  3. confused_immigrant

    confused_immigrant New Member

    Thanks for your response. So, if my employer is trying recapture my time on H1 (similar to if I was out of US for sometime), it would be from approved date and not applied date even though I stopped working in Jan 2015 itself? If I stopped working, did I not automatically go out of status on H1?
     
  4. whitemimauz3

    whitemimauz3 Registered Users (C)

    No, you file for change of status which is what you were suppose to do there was nothing more you could have done, if you were working at time of H-4 filing until it is approved you count time for H-1B b'coz you worked, let's say when you file for change of status H-4 & you stop working then you count time for H-1B recapture from the time you stopped working.
     

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