Urgent! H4 to H1 in the 7th year

retro03

New Member
I am on H4 since aug01. I had a H1 then on which I did not work. My 6 years on H status are done by Aug06 and if I recapture my time out of US, it can go till Mar07. As I understand, I can apply for H1 transfer even though I actually did not work in that period.

My questions are-
1. Is it possible to get an H1 transfer approved for a period of 8 months? If yes, can anybody suggest a good lawyer to do this?

2. If my employer starts my GC application in that period, can I keep working on the basis of approved Labor (if I get it offcourse) beyond the 6 year limit?

3. How easy or hard it is to recapture the time spent outside US? Has anybody done that ?

GC status:I140 approved, EB3, PD mar03-Retro
 
Can you clarify. What is your first date of US entry?
If it is Aug 2001 you can stay in H status 6 years. (upto Aug 2007)
How long you were in H1, did you transfer back to H4 from h1?

retro03 said:
I am on H4 since aug01. I had a H1 then on which I did not work. My 6 years on H status are done by Aug06 and if I recapture my time out of US, it can go till Mar07. As I understand, I can apply for H1 transfer even though I actually did not work in that period.

My questions are-
1. Is it possible to get an H1 transfer approved for a period of 8 months? If yes, can anybody suggest a good lawyer to do this?

2. If my employer starts my GC application in that period, can I keep working on the basis of approved Labor (if I get it offcourse) beyond the 6 year limit?

3. How easy or hard it is to recapture the time spent outside US? Has anybody done that ?

GC status:I140 approved, EB3, PD mar03-Retro
 
retro03 said:
I am on H4 since aug01. I had a H1 then on which I did not work. My 6 years on H status are done by Aug06 and if I recapture my time out of US, it can go till Mar07. As I understand, I can apply for H1 transfer even though I actually did not work in that period.

My questions are-
1. Is it possible to get an H1 transfer approved for a period of 8 months? If yes, can anybody suggest a good lawyer to do this?

2. If my employer starts my GC application in that period, can I keep working on the basis of approved Labor (if I get it offcourse) beyond the 6 year limit?

3. How easy or hard it is to recapture the time spent outside US? Has anybody done that ?

GC status:I140 approved, EB3, PD mar03-Retro
You do not work. So you are not in H-1B or have violated the H-1B rule. Why do you think “I can apply for H1 transfer even though I actually did not work in that period?”
 
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