h1-h4- again h1

tejalks

By tejalks,
in H1B : H-4 Issues

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tejalks Advanced Member

tejalks

Posted
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To all the knowledgeable guru's here :

I have a valid h1b visa until sep'13 - ( I was in the cap process in 2009).

I had traveled to India in between was stuck there for 221g processing, but came back on h1 with the same employer.

Now after sep'13 - if i have to get an extension done my employer is asking me to sign a contract with him again but I am not willing to do this, coz I am getting married soon & my husband lives in another state. I am from medical field & will take another 6 months or so to get the license for another state.

My questions are :

1) How early or how late can I apply for change of status from h1 to h4 ?

2) Once my license for other state is done & i get an employer there when they file an h4 to h1 - will i go into cap exempt (since i was already counted against cap in 2009) or will i have to go thru the lottery cap again ?

Any answers on this will help me make a decision.. Thnks in advance..

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  • 3 weeks later...
pontevecchio Advanced Member

pontevecchio

Posted
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1. Any time before you lose the job. Once the COS is approved you can stop working. You can also do so after the COS receipt. If you think he will let you stay till September then file in August. Obviously Prior Marriage to a person in valid H1 status is needed.

2. You will be non cap for a total of 6 years minus time already spent in H1 status.

That was in brief. I presume you are not a Physician?

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tejalks Advanced Member

tejalks

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Hello All,

   My current H1 is expiring last day of Sep 2013, 

1) when is the last date of application for COS from H1 to H4 ?

2) Do I need to produce a marriage certificate for h4 application?

3) Is Indian marriage certificate valid for the above ?

4) Do I need to have a name change done before the application of h4 ? I have not changed my names (surname) in any of the official documents so far. Got married a month ago in India. 

 

Thanks in advance for the reply.

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tejalks Advanced Member

tejalks

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@Tejalks,

File the COS in the FIRST week of  September including proof of valid H1 status of your spouse...stubs etc.  Send a copy of your Indian Marriage Certificate. No you do not have to change your name and neither does he.

Thanks a lot Pontevecchio... There is another option I have - go on an H1 transfer, but the new employer has some issues in his pay stubs. His pay stubs aren't static - by this I mean if he is unable to provide 40 hrs / week then it is reflected in his pay stub. 1) Will it be advisable to go with such an employer for just a few months ( say 3-4 mths) ? 

  2)  Also is there a possibility to just file a H1B transfer but with one employer as part time only ?

3) The max hours per week allowed on an H1 are 40 hrs, similarly is there anything as minimum hours reqd when on an H1 ?

 

Waiting for your response on this. Thanks a lot.

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tejalks Advanced Member

tejalks

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The part time H1 may be an idea. To be honest any further steps by you should be taken after consulting a Lawyer about your specifics. The pay can vary though the LCA amount has to be the minimum. I believe part time is 20 hours or so.

Thanks a lot for your response. I did consult my husbands Immigration attorney & he is of the opinion that I should try and avoid H4 as far as possible. If there is a possibility of an H1 transfer I should go ahead with that. H4 can be used only as a last resort. This attorney has done H1B of other employees, but I just wanted to know if there are others in this forum, who are working on only one part time H1B. Thanks once again for your response. 

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tejalks Advanced Member

tejalks

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IMHO you should move to H4 status and then decide on further plans. Time in H4 status is not counted for time in H1 status. .

Thanks a lot Pontevecchio. I am not sure I got this "Time in H4 status is not counted for time in H1 status". Also in few of ur other posts & in one of ur replies to me, you have mentioned - once u are counted in cap - you are good for 6 years. I was counted in cap in 2009 - on H1 B in the US from 2010 till Mar 2011, returned on the same H1 with the same employer in Aug 2012. So does this mean that the time I was in India, isn't counted in the 6 year ?

   As per my knowledge, I thought I am good for 6 years from 2009 (until 2014 filing) But If I have to file anytime after April 2014, then I will have to wait for 2015 lottery. Hence I was hesitant to file for an H4.

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JoeF Advanced Member

JoeF

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Once you are counted in the quota and haven't used the full 6 years, you are not counted again and an employer can file an H1 for you at any time. There is no time limit for this.

And time in H4 status does not count towards the 6 years allowed in H1.

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tejalks Advanced Member

tejalks

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Hello All,

   Today I went to a lawyer (he did my husband's H1 processing). The reason I went to him, coz when I join my husband's employer later this year or earlier next year, they will be consulting the same lawyer (they still have openings and expected to have more by the end of this year).

    I asked the lawyer if he could do my COS from current H1 expiring in Sep '13 to H4 and then later on I will go on H1 (cap exempt). He was total negative about it, and told me that if I change my status to H4, then for filing another H1 I will be under cap and can start working only by Oct. 

   On this forum I have read so many cases like mine, h1 is about to expire (counted in cap 2 yrs prior) and went on h4 and again back on h1 as cap exempt. 

    I am really confused after what the lawyer mentioned to me. Does any one have any idea, if this is true or shud I meet another lawyer ?

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