H4 to H1 Change of Status with gap in employment

[poojasj82]

Hi,

I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.

Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.

I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1 or do I have to go to India for stamping?

Please somebody reply. Its urgent!

Thanks in advance
Pooja

[shervin143]

I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.

Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.

I need to know what is the process of H4 to H1 in this case.? Can anybody help me
>>> Employer will need to file a H1B petition with a COS from H4. You just give him a copy of your previous approval notice and any other documents that they ask.

How much time does this change of status takes place?
>>> 2-3 months by normal process and 15 days by premium.

The H1 now will be valid for how much time?
>>> H1B (+ L1 if you were on L1 before) in total is for 6 years. You will get approval based on the project itenary provided by your new employer.

Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
>>> Your H1B has nothing to do with your spouse.

Is it not recommended to move out of the country till status is changed from H4 to H1 or do I have to go to India for stamping?
>>> Not required. If the H1B gets approved with COS (new I-94), then you can start working without leaving the country.
Please somebody reply. Its urgent!