urgent Information Required: H1 to H4 conversion - H1 to H4 and back to H1

[ramubdvt]

My wife is currently working in US with H1B (valid till Dec 2014) and as now her project is ending she wants to convert her status to H4 using my H1B Visa so that she can stay in US till her employer finds a new job.

I have below queries:
What is the procedure to convert H1 to H4? – Request to share any info regarding the same.
If travels to India with H4, is she required to stamp, before entering to US? At that time what happens to her existing H1 (valid till Dec 2014)?
How long the conversion (H1 -> H4) process takes?
Is this kind of conversion affects her current H1B status?
If her employer finds a job after few months (when she is in H4 and residing in US) and what is the procedure to get it back to her old H1 status. Is this possible?
Request that if somebody faced this kind of experience, please share the same.
Any information is highly appreciated …..

Thanks in advance ….
Ram

[raghvi]

My wife is currently working in US with H1B (valid till Dec 2014) and as now her project is ending she wants to convert her status to H4 using my H1B Visa so that she can stay in US till her employer finds a new job.

I have below queries:
What is the procedure to convert H1 to H4? – Request to share any info regarding the same.
If travels to India with H4, is she required to stamp, before entering to US? At that time what happens to her existing H1 (valid till Dec 2014)?
How long the conversion (H1 -> H4) process takes?
Is this kind of conversion affects her current H1B status?
If her employer finds a job after few months (when she is in H4 and residing in US) and what is the procedure to get it back to her old H1 status. Is this possible?
Request that if somebody faced this kind of experience, please share the same.
Any information is highly appreciated …..

Thanks in advance ….
Ram

Did she ever have an H4 stamped in her passport?

Change of Status is done using form I539.

For H1 to H4 COS, form I539 is enough if already in US.

If she leaves US and wants to return on H4 and if she doesnt have H4 stamped in her passport she needs to go to US consulate in India and get H4 stamped using your H1 petition and supporting documents. Her existing H1 is mostly not cancelled by the Visa officer.

Once in US on H4, if employer finds a job for her they can file form I539 and I129 together to change her status from H4 to H1 again.

This is my opinion not legal advice.

[ramubdvt]

Did she ever have an H4 stamped in her passport?

Change of Status is done using form I539.

For H1 to H4 COS, form I539 is enough if already in US.

If she leaves US and wants to return on H4 and if she doesnt have H4 stamped in her passport she needs to go to US consulate in India and get H4 stamped using your H1 petition and supporting documents. Her existing H1 is mostly not cancelled by the Visa officer.

Once in US on H4, if employer finds a job for her they can file form I539 and I129 together to change her status from H4 to H1 again.

This is my opinion not legal advice.

Thanks a lot for your valuable suggestion


I have few more questions request you to share any suggestions if have ..
She never had H4 before ... answering your question
We wanted to know is there any known time frame for conversion of status from H4 back to H1( current employer) -
----Is it cost some money to her current employer for conversion H4 status to H1-- we wanted to know this because we are checking all the available options ..
----Is there any fixed time frame for this.

Regards,
Ram

[ramubdvt]

Thanks a lot for your valuable suggestion


I have few more questions request you to share any suggestions if have ..
She never had H4 before ... answering your question
We wanted to know is there any known time frame for conversion of status from H4 back to H1( current employer) -
----Is it cost some money to her current employer for conversion H4 status to H1-- we wanted to know this because we are checking all the available options ..
----Is there any fixed time frame for this.

Regards,
Ram

[kabkaba]

Thanks a lot for your valuable suggestion


I have few more questions request you to share any suggestions if have ..
She never had H4 before ... answering your question
We wanted to know is there any known time frame for conversion of status from H4 back to H1( current employer) -
----Is it cost some money to her current employer for conversion H4 status to H1-- we wanted to know this because we are checking all the available options ..
----Is there any fixed time frame for this.

Regards,
Ram

When her employer wants her to change back to H1, the current H1 petition may have expired or not.
If petition has not expired there are two options.
1. She can leave the US and return with her existing H1 Visa and same petition. (Traveling to Canada/Mexico or any other country). Her status will immediately be H1, so timeframe in this case is the time required for travel and no cost for the employer.
2. Her employer can file petition amendment to change her status. It can take 2 to 3 months to get the decision and there is a filing fee associated with the filing.

If petition has expired, her employer will have to file new petition (cap-exempt) with change of status. This can be done at any time during the 6 years after current petition expires. Any employer can do this. (It does not have to be the same employer). The time and cost will be same as any other petition.

Remember when she files COS to H4 and while it is pending if she wants to change back to H1, there are complications involved. The above applies to the case when COS to H4 is already approved.

[ramubdvt]

When her employer wants her to change back to H1, the current H1 petition may have expired or not.
If petition has not expired there are two options.
1. She can leave the US and return with her existing H1 Visa and same petition. (Traveling to Canada/Mexico or any other country). Her status will immediately be H1, so timeframe in this case is the time required for travel and no cost for the employer.
2. Her employer can file petition amendment to change her status. It can take 2 to 3 months to get the decision and there is a filing fee associated with the filing.

If petition has expired, her employer will have to file new petition (cap-exempt) with change of status. This can be done at any time during the 6 years after current petition expires. Any employer can do this. (It does not have to be the same employer). The time and cost will be same as any other petition.

Remember when she files COS to H4 and while it is pending if she wants to change back to H1, there are complications involved. The above applies to the case when COS to H4 is already approved.

Thanks to all for detailed suggestions ....

[Blessy]

urgent information required : Approved H1 TO H4 BACK TO H1

Hi Friends,

I got my H1 approved and is active from Oct 1st 2015. I am already on H4. I wont be able to work for the next 4 months.
1) Can you give me a best way to inactivate my H1 and be on H4 for the next 4 months ?
2 ) If i COS from h1 to h4 , will the present h1 be valid , can i re-activate it , if so when can i do ?
3) Will that affect my GC processing in the coming years ?
4) Can i Travel on H4 to india and come back and start working on h1 or should i apply for a new h1 ?
5) Will i be Out of status anytime during this process ?


thanks
Rachel