H1 to H4 and back to H1 : Urgent Help

[shinded]

Hi ,
I am in USA and have valid H1B till Dec 2013 .
Currently , I am on bench with my current employer , and my spouse is also here on H1 through same employer.
I want to stay with my spouse hence ,I was thinking of transferring* my visa from H1 to H4 .
Once I get job opportunity again with my current employer I would like to convert H4* to H1.

My questions are :
1. What is the process to convert H1 to H4?

2. What will be the status of my H1B once I have applied/or I have H4 visa.
As my current H1B is still valid till Dec 2013 will it get cancelled once I get converted to H4?
I have heard on various forums that , if I convert my H1 to H4,my H1 status will be suspended and not cancelled. Is it true?

3. If opportunity comes for work while I am on H4 , does my current employer who has processed my H1B need to apply for H1 again* in quota or will he use the existing* H1 which is valid till Dec 2013 .

4. How much time would it take to convert back from H4 to H1 and the cost involved for the employer to do the same.

Please provide us with your valuable guidance .

[raghvi]

Hi ,
I am in USA and have valid H1B till Dec 2013 .
Currently , I am on bench with my current employer , and my spouse is also here on H1 through same employer.
I want to stay with my spouse hence ,I was thinking of transferring* my visa from H1 to H4 .
Once I get job opportunity again with my current employer I would like to convert H4* to H1.

My questions are :
1. What is the process to convert H1 to H4?

2. What will be the status of my H1B once I have applied/or I have H4 visa.
As my current H1B is still valid till Dec 2013 will it get cancelled once I get converted to H4?
I have heard on various forums that , if I convert my H1 to H4,my H1 status will be suspended and not cancelled. Is it true?

3. If opportunity comes for work while I am on H4 , does my current employer who has processed my H1B need to apply for H1 again* in quota or will he use the existing* H1 which is valid till Dec 2013 .

4. How much time would it take to convert back from H4 to H1 and the cost involved for the employer to do the same.

Please provide us with your valuable guidance .

What do you mean "on bench"? If you are on H1 and not getting paid as per LCA you are technically out of status. When you are out of status it will be difficult to get a Change of Status (COS) from H1 to H4, even if the COS to H4 is approved it will be difficult to get H4 to H1 later on without regular payslips. This is my opinion, not legal advice.

[shervin143]

How long have you been out of status (out of job - bench) in H1B? Check the below links

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

https://www.immihelp.com/h1-visa-holder-rights/

When you are out of status for a long time, a COS to H4 or any other status is not possible. The best option to get to H4 status is to leave the country, get the H4 visa stamped and return back in H4 visa. Being out of status for along time will have issues in the future.

[shervin143]

1. What is the process to convert H1 to H4?
>>> Read the previous reply.

2. What will be the status of my H1B once I have applied/or I have H4 visa.
As my current H1B is still valid till Dec 2013 will it get cancelled once I get converted to H4?
I have heard on various forums that , if I convert my H1 to H4,my H1 status will be suspended and not cancelled. Is it true?
>>> The petition will remain valid until it expires or revoked by the employer. The CAP from the petition can be used to file a new H1B petition with the current or any new employer with an immediate start date. You don't have to go through quota again.

3. If opportunity comes for work while I am on H4 , does my current employer who has processed my H1B need to apply for H1 again* in quota or will he use the existing* H1 which is valid till Dec 2013 .
>>> No need to go through quota again. But you cannot work when you are in H4 status. The employer will either need to file a COS from H4 to H1B and it should get approved or you should leave the country and return back in H1B visa/petition to start working.

4. How much time would it take to convert back from H4 to H1
>>> 2-3 months by normal process and 15 days by premium.

and the cost involved for the employer to do the same.
>>> Cost depends on he number of time the same employer has filed your H1B petition, the company size, number of H1B workers with the employer etc. Look into the instruction to file form I-129 in uscis.gov. It is illegal if you pay the H1B filing fee. It should be paid by the employer.