H1 to H4 transfer.

[rockie_c83]

Hi,

Following is my case.
1) I will max out my H1B on 15th Nov 2014 with all possible time recaptures.
2) My spouse is on H1B and its valid till Sept 2016.
3) Her employer is planning to file H1 to H4 COS for me. As per the USCIS time lines, currently it takes 2.5 months to get COS approved.
4) I am planning to travel back to my home country before my H1B max out date - lets say 5th Nov 2014.

Questions:
1) What is the best time to apply for for H1 to H4 COS so that I don't get it approved too soon?
2) Can we request for a custom approval date for H1 to H4 COS?
3) If I get my H1 to H4 COS approved after I travel out of US (5th Nov 2014 in this case) then what will happen?
I mean I will get a new I-94 based on H4 (COS), but I would have already left the country by surrendering my old I-94 from H1B. Will this create an issue?
4) Also suppose after getting H4 COS approved, if I have to travel back to US on H4 will this approved COS be valid or will my wife's employer have to file a new H4 in counselor processing?

Any help in this regard is highly appreciated.

[raghvi]

Hi,

Following is my case.
1) I will max out my H1B on 15th Nov 2014 with all possible time recaptures.
2) My spouse is on H1B and its valid till Sept 2016.
3) Her employer is planning to file H1 to H4 COS for me. As per the USCIS time lines, currently it takes 2.5 months to get COS approved.
4) I am planning to travel back to my home country before my H1B max out date - lets say 5th Nov 2014.

Questions:
1) What is the best time to apply for for H1 to H4 COS so that I don't get it approved too soon?
2) Can we request for a custom approval date for H1 to H4 COS?
3) If I get my H1 to H4 COS approved after I travel out of US (5th Nov 2014 in this case) then what will happen?
I mean I will get a new I-94 based on H4 (COS), but I would have already left the country by surrendering my old I-94 from H1B. Will this create an issue?
4) Also suppose after getting H4 COS approved, if I have to travel back to US on H4 will this approved COS be valid or will my wife's employer have to file a new H4 in counselor processing?

Any help in this regard is highly appreciated.

I dont see a point in applying a COS and then travelling. Why dont you attend a H4 visa interview while you are in your home country and re enter US on H4 visa?

This is my opinion not legal advice.

[rockie_c83]

I dont see a point in applying a COS and then travelling. Why dont you attend a H4 visa interview while you are in your home country and re enter US on H4 visa?

This is my opinion not legal advice.

Thanks for the quick reply Raghvi....!
I need an H4 approved/stamped as soon as possible so that I can travel to US any time in case there is an emergency, since my spouse will be staying alone here in US.

If I go out of US and then apply for H4 - it will take 2.5 months from the date I go out - 5th Nov 2014 in this case.
So basically I won't have a visa from 5th Nov 2014 to almost Jan 2015 and wont be able to travel in case of an emergency.

---
So my case is - I want to utilize max of my H1B and also want to get H4 approved/stamped as soon as I go out of US.
So trying to find out the best option.

Appreciate your help.

[raghvi]

Thanks for the quick reply Raghvi....!
I need an H4 approved/stamped as soon as possible so that I can travel to US any time in case there is an emergency, since my spouse will be staying alone here in US.

If I go out of US and then apply for H4 - it will take 2.5 months from the date I go out - 5th Nov 2014 in this case.
So basically I won't have a visa from 5th Nov 2014 to almost Jan 2015 and wont be able to travel in case of an emergency.

---
So my case is - I want to utilize max of my H1B and also want to get H4 approved/stamped as soon as I go out of US.
So trying to find out the best option.

Appreciate your help.

Why would it take 2.5 Months when you are outside US? I do understand that if you are in US and apply a Change of Status from H1 to H4 it can take more than 2 Months but if you leave US , you can immediately schedule a visa appointment using DS-160 and your spouse's valid H1 petition and get the visa stamped much quickly.

Also, why do you want to max out your H1? If you max it out, you cant extend it later on based on your GC state.


This is my opinion not legal advice.

[rockie_c83]

Why would it take 2.5 Months when you are outside US? I do understand that if you are in US and apply a Change of Status from H1 to H4 it can take more than 2 Months but if you leave US , you can immediately schedule a visa appointment using DS-160 and your spouse's valid H1 petition and get the visa stamped much quickly.

Also, why do you want to max out your H1? If you max it out, you cant extend it later on based on your GC state.


This is my opinion not legal advice.

I was under the impression that applying for H4 from out of US also takes 2.5 months. This is a big relief that I can apply immediately after I go out of US.
This clears it up a lot. Thanks again Raghvi .... you just made my day ...

Yes I am planning to leave the country atleast 3-4 weeks before my H1B max out. Right now just trying to think through all scenarios.