Question reg. H4 to H1/H4

[kavya111]

Hi All,
I had question and i hope this is the best place i can get good solution.
Iam on H4 at present and applied for H1 and waiting for approval. My question is on the basis of "if i got H1 approval".

Its because of COS, my status will change to for H1 on the effective date.

Is there anyway that i could stay back on H4 and go to H1 when ever i want(after few months - to be frank this is because of job market).
Or i need to cancel my H1 to stay away from running paystubs with my expense.
I saw in some of Forums about leap frog, but they suggested for L1 to H1.
Can i do leap frog, and come back on H4 and later use the approved H1 when ever i want.
Please suggest me.

[itzprams]

Can i do leap frog, and come back on H4 and later use the approved H1 when ever i want.

Yes, thats the only option. Search it "Leap Frog"

[kavya111]

Thank you itzprams. with this option i can have a valid H1 and can use it after few months right. any hidden risk for my H1 in this case. thanks.

[itzprams]

with this option i can have a valid H1 and can use it after few months right. any hidden risk for my H1 in this case. thanks.

--No risk. By using Leap Frog you will come on H4 and COS will be abandoned(if H1B approved with COS).
--If you want to come back on H1 from H4 then you need to find an employer who must file an amendment(using your approved H1 petition) from H4-H1. You can start working only after it's approval.
--Your H1 remains valid once approved. Leap-frog wont affect it.

[kavya111]

Thank you itzprams. I will go for Leap frog if i got H1 and if it difficulty to get job offer by COS date. Thank you very much.

[itzprams]

I will go for Leap frog if i got H1 and if it difficulty to get job offer by COS date.

--If you COS gets approved then it will be effective from Oct 1st 2009 "by default". Which means you should start working from Oct 1st 2009. This also means that, you should get paid project or not.

[h1approved]

Hello kavya
I am in same boat as you.
My employer has only shared I797 receipt with me, and I can see it is appoved now.
so my question is if i do a leap frog and employer revokes my VISA what will happen in that case
will i be able to use my H1 b in future? or its gone permanently. please let me know this.

[txh1b]

Read the FAQs.

[h1approved]

Hello Txh1b
I read forum questions for COS here

https://www.immihelp.com/h1b-visa-change-of-status-faq/

my question is if employer revokes my VISA, what will be my situation after doing leap frog
my COS was without my information, consultant's attorney told me that if you are in US he has to file as COS.. his payment is pending and I do not have any plan to pay him because he did a cheating with me.. here I understand it is illegal to pay for H1..

[txh1b]

An employer can revoke his ability to hire someone on H1b. Once a H1b is approved for an individual and s/he is considered cap counted, one can use the cap number to get a H1b from another employer without going through the cap again. The requirement is the person seeking the benefit should prove that they have already been subject to the cap by providing a copy of the approval notice or at the very least an online case status for their case showing it was approved.

[h1approved]

thanks for your reply txh1b
one more question i have is there any responsibility of employer If i am not getting paid from Oct-1st.
or t is me who has to make sure of my status.

[itzprams]

is there any responsibility of employer If i am not getting paid from Oct-1st.
or t is me who has to make sure of my status.

Employer's responsibility is to pay you from day 1 even if there is no project for you. If he is not paying you then, you falls out of status. In that case you can complain to DOL against your employer. This procedure will restore your status back.

Your responsibility is to make sure that you are maintaining your status all the time. If not then act accordingly.

[kavya111]

Hello,
Thankyou verymuch for the information.
Back in this post i was ended up decided doing leap-frog to avoid automatic change of status on my H1 effective date. This requires going out from US before effective data and comming back into US after H1 effective date and no problems with my H1 unless my employer revokes it.

Now, iam looking at applying status change back to H4 after my H1 effective date. How soon i need to apply for it. How this works. Do i need to go out from US for this? Do my employer need to apply for it? if this works and come back to H4, can i use/go-back to the approved H1 after couple of months?
Thanks,
Kavya

[kavya111]

Hello.. could you please some one reply my question.
I will really appreciate your help.
Thanks.

[txh1b]

Read the H1b FAQs. Your H4 status extension has to be filed before you enter H1b status as once you enter H1b status, you are required to be working and getting paid for any type of status change.

Best is leapfrog to have certainty and not become out of status. H4 extension has to be filed before Oct 1st along with proof that you had a COS or a COS is pending as any status extension cannot be applied atleast 6 months prior to the I-94 date.