H4 to H1

[kris405]

I was married in February 2008 and my wife had come to USA on March 15 2008 as H4. I have applied her an H1b on April 2008 and her
h1B was approved and she has started working from October 2008 and her employer says that he does not have any projects now and
her last day of work would be February 13 2009 and says that he would apply her a change of status to H4 from H1b.

But i have a question my previous H1B is valid from March 8 2006 to December 18 2008. So when my wife got her H4 stamped when she
came to USA was uptil December 18 2008. My recent H1B is approved from December 19 2008 to December 17 2013. As my wife is working
on H1B i did not feel the necessity to file an extension for her H4. So is it possible now to file a change of status (cos) for her from
from H1 to H4. I have this question because since her H4 has expired on December 18 2008. Is it possible now to apply cos
for my wife and convert from H1b to H4.

If it is possible to to apply a Change of Status from H1 to H4 now. Is it possible to go back to H1 later when she gets a project
from some other company.

[Subramanya]

I was married in February 2008 and my wife had come to USA on March 15 2008 as H4. I have applied her an H1b on April 2008 and her
h1B was approved and she has started working from October 2008 and her employer says that he does not have any projects now and
her last day of work would be February 13 2009 and says that he would apply her a change of status to H4 from H1b.

But i have a question my previous H1B is valid from March 8 2006 to December 18 2008. So when my wife got her H4 stamped when she
came to USA was uptil December 18 2008. My recent H1B is approved from December 19 2008 to December 17 2013. As my wife is working
on H1B i did not feel the necessity to file an extension for her H4. So is it possible now to file a change of status (cos) for her from
from H1 to H4. I have this question because since her H4 has expired on December 18 2008. Is it possible now to apply cos
for my wife and convert from H1b to H4.

If it is possible to to apply a Change of Status from H1 to H4 now. Is it possible to go back to H1 later when she gets a project
from some other company

---- Apply for a COS from H1 to H4 and relax. Later when your wife finds a job with another company, she can apply for a COS from H4 to H1, as she will have time left on her H1 and that will not be subject to H1 cap

Subramanya

[skjb]

Hi,

My wife has similar situation except that her H4 is valid till 2010. Here is what happend:
1) She came to US in March with H4.
2) Applied for H1 in April.
3) Started working from October.
4) Got layed off in February.
5) She want to go India for couple of months and come back on H4.

So,
a) Can she go to India with out doing COS to H4?
b) If Yes to a) can she come back to US on H4? Does COS happen automatically when she enters with H4 visa?
c) How long does it take normally to do COS from H4 to H1 on finding job?

Thank you,
SKJB

[Subramanya]

My wife has similar situation except that her H4 is valid till 2010. Here is what happend:
1) She came to US in March with H4.
2) Applied for H1 in April.
3) Started working from October.
4) Got layed off in February.
5) She want to go India for couple of months and come back on H4.

So,
a) Can she go to India with out doing COS to H4?

---- Yes, if she is laid off and doe not want to do a COS to H4, she can leave US immediately. Otherwise she will be accumulating out of status if in the US. She can apply for a H4 visa in India

---- If she is going to India there is no need to apply for a COS from H1 to H4 as she has to get a H4 visa while in India since she is laid off on H1

b) If Yes to a) can she come back to US on H4? Does COS happen automatically when she enters with H4 visa?

---- As above, she can apply for a H4 visa and come back to US on H4

---- When she enter US on H4 there is COS. Her status is H4 and her I-94 card issued at the POE will reflect that

c) How long does it take normally to do COS from H4 to H1 on finding job?

---- It takes 3-4 months or longer depending on the employer

Subramanya

[skjb]

Hi Subramanya,

Thank you for the prompt reply. Thanks to Immihelp for providing this platform to help thousands of immigrants in USA.

So, If I understood right
a) My wife could go to India without any problem but when she wants to come back to US on H4 she has to apply for H4 visa again, attend interview in US embassy though she has valid H4 visa in her passport?

b) Can she apply COS from H1 to H4 in US and immediately goto India, once the COS is approved can she come back? Does she have to wait in US until COS is approved?

c) As you said H4 to H1 takes upto 3 months, does it take same time for H1 to H4?

Thanks a lot once again,
SKJB

[Subramanya]

Thank you for the prompt reply. Thanks to Immihelp for providing this platform to help thousands of immigrants in USA.

So, If I understood right
a) My wife could go to India without any problem but when she wants to come back to US on H4 she has to apply for H4 visa again, attend interview in US embassy though she has valid H4 visa in her passport?

---- Your post has said that she has H4 valid till 2010. That does not mean she has a H4 visa, nor can we guess. Anyhow, if she has valid visa stamped on her Passport she return to US with that visa

b) Can she apply COS from H1 to H4 in US and immediately goto India, once the COS is approved can she come back? Does she have to wait in US until COS is approved?

---- This is what everyone is telling about. When you apply for a COS form one visa to another and travel out of the US, you basically are abandoning the application and thus the COS will not be granted

c) As you said H4 to H1 takes upto 3 months, does it take same time for H1 to H4?

---- Ideally yes. At times it may take longer

Subramanya

[skjb]

Hi Subramanya,

We have a new situation now.

My wife's Employer has said they will revoke her H1B as her status is going to be H4 once she is back from India on H4 visa.

I didn't understand why they want to do that. Can you tell me the reason?

Is it a problem to company even though she is on H4?

Can you also tell us what all she has to do if she want to work again?

Regards,
SKJB

[orion]

Because they dont want her to be on H4, they want her to be working and earning them money $$$

[txh1b]

The company is protecting itself by revoking the H1b. It is the right thing to do as if they don't do it, they could still owe back wages and other legal things to be followed as per the H1b rules.

[orion]

Thats right, revoking approved H1 is the right thing to do if the beneficiary is not using it. Thanks txh1b.

[skjb]

Thank you all.

If she was able to find job, and want to work again does it come under H1B cap? Does she need to do only in April 2009?

Can she apply with new employer?

Thank you,
SKJB

[txh1b]

Read the FAQs. This is H1b 101.