I140 approved-H1-H4-H1

[RBS_123]

Hi Team,

Need your help badly.

I am in H1B with approved I140. I want to avail 2 to 3 monthts of leave so want to convert to H4 (my spouse has H1B). I will be with the same employee. Can my employer get my H1B initiated after 2 to 3 months based on my approved I-140? Will there be a any problem?

Please help me. This is very urgent.

Thanks!

 

[pontevecchio]

You can file for a COS to H4 and once you have the receipt, you can stop working. Instead of all this drama, consult a lawyer as to whether you can take a longer leave without pay based on circumstances . Otherwise stop working on receipt of the COS and the employer would need to file a H1 petition for you with COS from H4. If you convert to H4, the company is no longer your employer.

[RBS_123]

Thanks for your quick reply and this gave me a fair idea how to deal.

I should have given more information and asked for some crisp information.

I am a an employee of a India based company. So while I am on H4 and is on leave and in US, I will still be employee of that company but with offshore employee status. In this scenario,

1. The moment I change to H4, will my I-140 goes invalid? (COmpany is not revoking I-140 while I am on leave and still I am an employee with offshore status)
2. If it stays valid, my understanding is  it will not  impact in  subsequent H1B extension? Is it correct?
3. Can any company not file my H1 in cap exempt based on this approved I-140 in future?

Thanks in advance for your reply.