approved H1 >> H4 >> back to H1? Is this possible?

[new_mom]

Hi,

      My h1-B visa was extended till Oct 2015 with company A. I went on FMLA(maternity leave) from April till June 2013. Post leave, my company could not find any projects for me and hence laid me off starting July9,2013. The HR confirmed that they would revoke my H1B by the month end - till then I could try my luck looking for some other job. With no luck, I applied for my H4 through my husband's organisation and the application was filed on 30th July (just in time before my H1 was revoked). 

I have following questions regarding my case:

(1) Did I violate any law/rule by not filing H4 immediately after I was laid off? Would I be considered as out of status at any point of time?

(2) Can I use my existing approved H1 (valid till end 2015) in case I get a job  OR would my new employer have to file a fresh H1 B for me? 

(3) As my H1 was approved till 2015 end, how difficult would it be for a new employer to activate my H1 again? Is it just as simple as filing for a H1 transfer ? ( from H4 to my H1 that was already approved?)

(4) Once my last employer (company A) revokes my H1 - does  the approval altogether becomes invalid or some other employer can use that approved visa by simply sponsoring me?

 

I would like to get back to work ASAP , however would need your help to understand if I can even apply for one based on my current status. Looking forward for your guidance.

 

Thanks!

[jairichi]

 

Hi,

      My h1-B visa was extended till Oct 2015 with company A. I went on FMLA(maternity leave) from April till June 2013. Post leave, my company could not find any projects for me and hence laid me off starting July9,2013. The HR confirmed that they would revoke my H1B by the month end - till then I could try my luck looking for some other job. With no luck, I applied for my H4 through my husband's organisation and the application was filed on 30th July (just in time before my H1 was revoked). 

I have following questions regarding my case:

(1) Did I violate any law/rule by not filing H4 immediately after I was laid off? Would I be considered as out of status at any point of time?

(2) Can I use my existing approved H1 (valid till end 2015) in case I get a job  OR would my new employer have to file a fresh H1 B for me? 

(3) As my H1 was approved till 2015 end, how difficult would it be for a new employer to activate my H1 again? Is it just as simple as filing for a H1 transfer ? ( from H4 to my H1 that was already approved?)

(4) Once my last employer (company A) revokes my H1 - does  the approval altogether becomes invalid or some other employer can use that approved visa by simply sponsoring me?

 

I would like to get back to work ASAP , however would need your help to understand if I can even apply for one based on my current status. Looking forward for your guidance.

 

Thanks!

 

(1) You were out of status from the last day of your official or allowed maternity leave i.e. month of July 2013

(2) A new employer can file a H1B petition (cap exempt) for you and once approved you can start working immediately.

(3) Once your H4 COS gets approved (usually takes 2.5 months) and if you find a new employer then your new employer can file a H1B petition for you for a COS from H4 to H1B

(4) By law your old employer has to revoke/cancel your H1B. But, it will not affect your chances for any new employer filing a H1B petition for you.

[new_mom]

Thank you very much for your response.

 

As answered in (2) , a new employer needs to file H1B petition which would be cap exempt. 

Question: How long would this take if filed under premium processing? As this would be cap exempt, I am assuming that it can be filed at any time of the year. Is this true? 

[info4help]

Hi, 

 

can you let us know what happened to your situation.

DId you apply h1b in premium before h4 was approved? 

Were you able to successfully withdraw h4 after your h1b was approved?

 

It will help others.

[kp1180]

Hi, 

 

can you let us know what happened to your situation.

DId you apply h1b in premium before h4 was approved? 

Were you able to successfully withdraw h4 after your h1b was approved?

 

It will help others.

info4help,

 

Can you share your experience  since I am in similar situation like you.

 

Did your  h1b approved before h4 was approved? With or without I94?

What did you did with your pending H4? after your h1b was approved?