Reg H1B to H4 to H1B

[vasu8430]

Hi,

My H1 is expiring this month end(Sept).I am not able to get a project so I applied for COS from H1B to H4.COS is still pending .My Question is

1.Suppose If i get a project in October or Nov then can i apply for H4 to H1 COS in Oct when H1 tO H4 COS pending.

2.Can I apply COS from H4 to H1 immediately in Nov 2010 after COS H1 to H4 approved in Oct? Is there will be any problem?

3.I mean whether i will get I797A or I797B?

4.Suppose if they issue I797B(Consular processing) then Can I change to H4 again without problem?


Thanks
Sri

[Subramanya]

My H1 is expiring this month end(Sept).I am not able to get a project so I applied for COS from H1B to H4.COS is still pending .My Question is

1.Suppose If i get a project in October or Nov then can i apply for H4 to H1 COS in Oct when H1 tO H4 COS pending.

---- You will apply for COS from H4 to H1 only if your H4 has been approved and not before that. Till that time you are considered to be on H1 and if you want to join a new employer then you apply for transfer of H1, await its approval and then join the new company

2.Can I apply COS from H4 to H1 immediately in Nov 2010 after COS H1 to H4 approved in Oct? Is there will be any problem?

---- Yes, you but try not to change H1 and H4 each and every time in quick succession. This may lead to suspicion that you are unable to make up your mind and you weerr unable to find employers for your H1

3.I mean whether i will get I797A or I797B?

---- Most of teh time you will get a I797A, but rare occasions are there where people have been issued a I797B for very many reasons

4.Suppose if they issue I797B(Consular processing) then Can I change to H4 again without problem?

---- Yes you can change but the issue comes to what is written above in Q 2. Alternately, if youare given a I797B what is harm in going outside US and getting the visa stamped

Subramanya

[vasu8430]

My H1 is expiring this month end(Sept).I am not able to get a project so I applied for COS from H1B to H4.COS is still pending .My Question is

1.Suppose If i get a project in October or Nov then can i apply for H4 to H1 COS in Oct when H1 tO H4 COS pending.

---- You will apply for COS from H4 to H1 only if your H4 has been approved and not before that. Till that time you are considered to be on H1 and if you want to join a new employer then you apply for transfer of H1, await its approval and then join the new company



2.Can I apply COS from H4 to H1 immediately in Nov 2010 after COS H1 to H4 approved in Oct? Is there will be any problem?

---- Yes, you but try not to change H1 and H4 each and every time in quick succession. This may lead to suspicion that you are unable to make up your mind and you weerr unable to find employers for your H1

3.I mean whether i will get I797A or I797B?

---- Most of teh time you will get a I797A, but rare occasions are there where people have been issued a I797B for very many reasons

4.Suppose if they issue I797B(Consular processing) then Can I change to H4 again without problem?

---- Yes you can change but the issue comes to what is written above in Q 2. Alternately, if youare given a I797B what is harm in going outside US and getting the visa stamped

Subramanya

Thanks for the information.
Suppose If I got new project in Oct(COS H1 to H4 pending) then is it ok to apply for transfer of H1 with new employer in October( previous employer H1 validaity expired by Sep 2010.Is it ok to apply for new H1 transfer even old visa validity expired

You replied that my status will be H1 before COS H1 to H4 approval.But my visa is expring by Sep end.Is it ok to continue work upto Dec until H4 approved(suppose H4 approved in December)

or

whether I can stop working on H1 on the date USCIS recieved my COS H1b to H4 application.[/SIZE][/B][/COLOR]

[vasu8430]

Thanks for the information.I have few more doubts

1.Suppose If I got new project in Oct(COS H1 to H4 pending) then is it ok to apply for transfer of H1 with new employer in October( previous employer H1 validaity expired by Sep 2010.Is it ok to apply for new H1 transfer even old visa validity expired

2.You replied that my status will be H1 before COS H1 to H4 approval.But my visa is expring by Sep end.Is it ok to continue work upto Dec until H4 approved(suppose H4 approved in December)

or

whether I can stop working on H1 on the date USCIS recieved my COS H1b to H4 application.[/SIZE][/B][/COLOR]