h4 to h1. how h1 starting day is calculated?

[mandip]

Hi,

I was on H1B till my H4 was filed with receipt date of May 29 2014. It was approved on Aug 8th 2014.

Now I want to go back to H1B. Will my H1B time gets calculated from H4 receipt number I.e. May 29 2014 or H4 approval date I.e. Aug 8th 2014.

Please suggest.

[raghvi]

Hi,

I was on H1B till my H4 was filed with receipt date of May 29 2014. It was approved on Aug 8th 2014.

Now I want to go back to H1B. Will my H1B time gets calculated from H4 receipt number I.e. May 29 2014 or H4 approval date I.e. Aug 8th 2014.

Please suggest.

What was your last pay day while on H1 earlier?

[mandip]

h4 to h1. how h1 starting day is calculated?

Hi May 15th was my last pay day.

[raghvi]

Well then that could be date that can be argued for remainder period calculation.

This is my opinion not legal advice.

[mandip]

h4 to h1. how h1 starting day is calculated?

Does USCIS considers date on last pay stub to calculate the dates? Does filing company need to mention expected H1 start date while filing? What exactly do you mean by argued?

[raghvi]

Why was there a gap between May 15th till May 29th?

What USCIS would most likely consider is Aug 8th 2014. As and when you want to recapture the remainder time , your attorney can use the pay stub date to try to establish that you were on H1 only till May 15th and that should be used to determine the time remaining on H1.


Yes, a start date needs to be mentioned.

This is my opinion not legal advice.

[mandip]

I left the company on May 15th that is what is shown on my relieving letter. I did get my last paycheck on May 30th though with all the remaining adjustments/encasements.

As soon as I left we sent all the documents for H4 filing to my spouse's company. They did file within 10 days and we got receipt number on May 29th. Same got approved on Aug 8th.

Can attorney now use date from my relieving letter and my last pay stub to showcase that May 15th was my last day?

[raghvi]

I left the company on May 15th that is what is shown on my relieving letter. I did get my last paycheck on May 30th though with all the remaining adjustments/encasements.

As soon as I left we sent all the documents for H4 filing to my spouse's company. They did file within 10 days and we got receipt number on May 29th. Same got approved on Aug 8th.

Can attorney now use date from my relieving letter and my last pay stub to showcase that May 15th was my last day?

When you knew you were going to leave on May 15th you could have filed H1 to H4 much earlier with a request to change status to H4 effective from May 15th onwards. Anyhow, a competent attorney should be able to get the remainder period.

I would suggest you dont complicate and dont try to get the remainder period now. First try for a successful H4 to H1 COS, even if it does not recapture your May - August time. As and when you are nearing your 6 Years H1 usage at that time you can discuss with attorney to try to recapture the May15th to Aug time frame. It all depends how your long term GC processing is going on, you may not need to complicate and try for recapture at all if GC is processed timely.

This is my opinion not legal advice.