H4 to H1 Issue

[Anitha18]

HI

Please advice me in my case. As i came to US in 2008 on H1 and due to recession i tried 6 months and couldnt find the project and then i switched to H4 before completion of my 6 months period. Since then i am on H4 visa. Now i want to start looking for job options, my previous H1 visa is expired.

I consulted with an employer and he said i cant come on H1, as to file new H1 i need a client letter and No company is giving Client letter early and premium processing takes min 2 weeks. No employer waits for joining for this much late. So there is no way for me.

Please let me know what can be done in my case and can i use my previous H1 in any way?

[JoeF]

First, did you get paid back in 2008?

On H1, you have to get paid all the time.

Second, why are you limiting your search to consulting jobs?

Find a real employer, one with real products.

[Anitha18]

HI JoeF,

Thanks a lot for your timely response. No i havent paid in 2008, my employer didnt run my payroll at that time.

So can i again go back on fresh H1 or this is a problem ?

[JoeF]

You may run into problems because you were out of status by not getting paid.

USCIS checks these things much better nowadays.