Changing status from H4 to H1

[Haritha]

Hi,

I had my H1 B approved for 2016 from my Indian employer and have the petition.But the visa stamping was not done using that petition.Now I resigned and travelling on H4.So here are my few concers.

1.Is it possible to convert from H4 to H1?
2.If yes to #1,As I have resigned to my Indian employer can I have another employer as my H1 sponsor.
3.How long the approved petition is valid ?Is it the validity on petition or default H1 B validity(6 yrs)?
4.If I get the H1 visa stamped does my status immediately change from H4 to H1 ?
5.After my H1 gets stamped is it possible to resume my H1 status and come back again to H4 if I am not holding a job ?
6.If yes to #5, will the validity of H1 will be continued from the time that got resumed or is it calculated with the duration of my stay in US ?

Thanks in Advance!!

[raghvi]

Hi,

I had my H1 B approved for 2016 from my Indian employer and have the petition.But the visa stamping was not done using that petition.Now I resigned and travelling on H4.So here are my few concers.

1.Is it possible to convert from H4 to H1?
2.If yes to #1,As I have resigned to my Indian employer can I have another employer as my H1 sponsor.
3.How long the approved petition is valid ?Is it the validity on petition or default H1 B validity(6 yrs)?
4.If I get the H1 visa stamped does my status immediately change from H4 to H1 ?
5.After my H1 gets stamped is it possible to resume my H1 status and come back again to H4 if I am not holding a job ?
6.If yes to #5, will the validity of H1 will be continued from the time that got resumed or is it calculated with the duration of my stay in US ?

Thanks in Advance!!

1. Possible.
2. Yes.
3. The current petition is pretty much not relevant for any other employer, but the approved petition is used as prof that you were cap counted. You would be cap exempt till 6 Year from initial petition filign year. Any other employer can use this petition to prove that you are cap exempt and file their own cap exempt H1 petition.
4. You get H1 stamped only while outside US, only when you use that H1 and show the approved I797 while entering US and are allowed entry into US only then you would move to H1 status. An immigrant/non immigrant status is relevant only when in US. But do remember, as and when you are in US in H1 status you must be working and get paid by your H1 sponsor other wise you go out of status.
5. I an unable to understand the question. If you have both H1 and H4 stamped in passport, at the time of entry you need to disclose under what visa you are entering US and that would be your status, if you say H4 then you cannot work, if you say H1 than you must work. If you say H4 and want to work later on using h1, the employer needs to first file H4 to H1 Change of Status application and it must get approved before you start working.
6. I think the above three answers should be able to shed some light. Only time spent in US in H1 status is counted against the 6 Years.

This is my opinion not legal advice.

[Sandeep Shetty]

H4 to H1

Hi Raghvi,

I have a similar problem:

Hi,

My wife holds H1 which got expired in May 2015. Her company in India filed for extension and she got it for a year till Aug 2016. Now theres no onsite position in her organization due to which he company is not letting her to go for stamping. She has only travelled for 8 months to US on her existing H1.
In this scenario, can she come to US on H4 (Me being in USA on H1) and get a job on H1 provided she finds a sponsor. Will it be cap exempted?
Is there anything like her company would cancel her h1?
Please suggest.

Thanks Sandeep