H1 to H4 to H1

[sp24]

Hi,

I had a query regarding change of status from h1 --> H4 --> H1.
Current scenario : I have valid H1b, with only 2 1/2 years utilized. My project wrapped up and I have not got a new job yet.I cannot move to India , so planning to go for H4 (Husband has h1).
Queries
1) I can search for job on H4. Also what happens to my H1. does it stay valid.?
2) Once i get job while I am on H4, what is the process to convert from h4 to H1. Do i have to go to India for stamping.

Please provide your inputs on these.
Thanks!!

[raghvi]

Hi,

I had a query regarding change of status from h1 --> H4 --> H1.
Current scenario : I have valid H1b, with only 2 1/2 years utilized. My project wrapped up and I have not got a new job yet.I cannot move to India , so planning to go for H4 (Husband has h1).
Queries
1) I can search for job on H4. Also what happens to my H1. does it stay valid.?
2) Once i get job while I am on H4, what is the process to convert from h4 to H1. Do i have to go to India for stamping.

Please provide your inputs on these.
Thanks!!

What you are planning is doable theoretically but practically very difficult to achieve without going out of US. The primary reason being, while staying in US, USCIS takes anywhere between 3-6 Months to approve a H1 to H4 COS., and till the time your H1 to H4 is not approved, you cannot apply for a H4 to H1 COS.

If you are not currently getting paid, then you are already out of status, and once out of status, there is high chances of rejection of a COS to another status. So in your case, if you are not able to prove your current H1 status, USCIS will most likely not approve a COS to H4, and you would need to leave US.

If, on the other hand, you applied for a H1 to H4 before your last pay day, there is high likelihood of H4 to be approved as COS. But, as I mentioned earlier, that can take 3-6 Months. You can search for jobs, but cannot join till H4 COS is approved as only after H1 to H4 approval, can you apply for H4 to H1 back.

This is my opinion not legal advice.