Transferring H1 to H4 and back to H1

[cooldude850]

Hello Senior Members....Me and my wife are both working in US on H1B.....My current project ends on 30th November and my company has told me that they have no projects currently where they can place me. They expect new projects will start in first quarter of next year. I intend to transfer from H1B to H4(my wife's dependent) and back to H1B....I have the following questions and hope you can guide me

1. Since my project ends on Nov 30th, when should the transfer from H1B to H4 be filed with USCIS?.

2. Is it possible to continue to be on H1B with existing employer i.e. take a sabbatical for a few months after my current project ends and no need to transfer to H4. I guess my company won't be paying me during the sabbatical period. Is it allowed to take sabbatical and still be on H1B?.

3. Assuming, I transfer my status to H4. Can i then transfer my status back to H1B with the same employer after they find a new project for me?....Can my existing petition which is valid till 2011 be used for the status transfer and can i start working immediately after the change of status is filed?.

Thanks for answering my questions.

-Cooldude

[shervin143]

Hello Senior Members....Me and my wife are both working in US on H1B.....My current project ends on 30th November and my company has told me that they have no projects currently where they can place me. They expect new projects will start in first quarter of next year. I intend to transfer from H1B to H4(my wife's dependent) and back to H1B....I have the following questions and hope you can guide me

1. Since my project ends on Nov 30th, when should the transfer from H1B to H4 be filed with USCIS?.

>>>>>> Oct 1st.


2. Is it possible to continue to be on H1B with existing employer i.e. take a sabbatical for a few months after my current project ends and no need to transfer to H4. I guess my company won't be paying me during the sabbatical period. Is it allowed to take sabbatical and still be on H1B?.

>>>>>> No.


3. Assuming, I transfer my status to H4. Can i then transfer my status back to H1B with the same employer after they find a new project for me?....Can my existing petition which is valid till 2011 be used for the status transfer and can i start working immediately after the change of status is filed?.

>>>>>> Yes you can. However, you cannot start working immediately after filing the COS from H4 to H1B. You need to wait for the COS to be approved.

[txh1b]

1. Since my project ends on Nov 30th, when should the transfer from H1B to H4 be filed with USCIS?.

>>>>>> Oct 1st.

Why Oct 1st? Applying COS anytime before Nov 30th would be fine.

[cooldude850]

Thanks....I have a couple of more questions. If my COS from H1B to H4 is filed before 30th Nov, when does the new status(H4) become effective from?. Is it from the date COS was filed or from the date when the H4 COS application is approved. Also what will be my status when the COS from H1B to H4 is in process?.

[txh1b]

Pending period is period of authorized stay by attorney general.

As far as the effective date of H4, it depends on the date you get on the I-94. For any COS, the status is effective only when it is approved. However, as long as it was applied before you lose your current status, you are legal.

[cooldude850]

Thanks for answering my questions...Appreciate it.

[cooldude850]

Hi TXH1B....If my COS application from H1B to H4 is applied with a start date of Dec 1st, Can i continue to work for my present employer till the COS is approved which based on the processing times could be approved after Nov 30th?.

[txh1b]

As long as the COS is pending, you can work.

[cooldude850]

Hello Senior Members....If my employer cancels my H1B after I convert status from H1 to H4, how difficult it is to then convert from H4 to H1 at a later date. Since my employer would have cancelled my H1B, would my status change from H4 to H1 be subject to the annual cap(fresh H1B)?...I need to know what impact H1B cancellation by previous employer has on future employment on H1. Thanks in advance.

[txh1b]

Did you read the FAQs? The employer cancels "their" H1b petition. Not your ability to get back on H1b again as long as you can prove you had a h1b with a copy of the approval notice/visa or at least the receipt number.

[cooldude850]

Thanks TXH1B.

[cooldude850]

Hi TXH1B...If the H1B to H4 Change of Status is filed in advance and later my present employer finds a new project for me, is it possible for me to revoke the COS application and continue to be on previous H1 status?....Thanks

[txh1b]

They have to pay you for the entire period. There is a possibility for the withdrawal not to go through and the COS getting approved prior to the withdrawal request being acted on by USCIS.

In short, the events and their sequence is hard to predict and could mess up the status you hols or are wanting to hold.

[cooldude850]

Hi TXH1B....If i do a COS from H1B to H4 and while the COS is in process I find a new employer who is willing to sponsor my H1B, what would be the procedure?...When can i start working for the new employer?...Thanks in advance.

[txh1b]

Read about bridging and last action rule. You wait till H1 gets approved as you don't qualify for portability. PP is suggested and understand last action rule.