Move from H1->H4 ->H1 (to different employer)

[immi-1]

Hello,

My H1 was originally filed with employer A and I stated working from March 2007. In 2011, I quit job and changed status to H4, went to India for visit and got H4 stamp in my passport. Now if I have to work for any other employer, do I need to get a fresh H1 from qouta (and hence wait till October) or I can just have change of status from H4 to H1 (My 6 years of H1 are still not complete)

Thanks

[nemo3103]

All,

I am also in the same boat. Got H1 in 2009, worked till july 2011 and moved to H4. Now to start working I need to apply for H1 again.

Can i apply through another employer ?

Also can someone please let me know the documents required for changing back to H1.

[kalyan_ac]

Hello,

My H1 was originally filed with employer A and I stated working from March 2007. In 2011, I quit job and changed status to H4, went to India for visit and got H4 stamp in my passport. Now if I have to work for any other employer, do I need to get a fresh H1 from qouta (and hence wait till October) or I can just have change of status from H4 to H1 (My 6 years of H1 are still not complete)

Thanks

You are cap-exempt. You do not come under quota.

[vikramrathode.r]

Hey

As per your case your CAP-EXEMPT ..You can file your H-1B any time ..but got to wait until you receive your approval notice because you current status is not H-1B ..Prior to 2011 you could have started working for your new employer as soon as you get your receit notice even though your current status is not H-1B .As of 2011 USCIS internal view is to wait until you get your approval notice to start working this is not a Memorandum yet....I got the info from AILA ...Still for better info contact good attorney.

[soman]

Hi,

I have same probkem!

* H1 Visa validity: 16th sept 2006 to 30th sept 2009 - Never used H1 for travelling

* I am in USA right now, in H4 visa.

Question:

Pls ckeck the old H1 Visa date.

I would like to apply for new H1, Will I be considerd for H1 Capexempt or Cap

Regards,

[kalyan_ac]

As long as you file before Sept 16th 2012, you are cap exempt.

[psak]

Hi, I was on H1, changed to H4 and now would like to work again on H1. Should COS be applied with the current employer or can this is be done through another employer ?

[kalyan_ac]

Hi, I was on H1, changed to H4 and now would like to work again on H1. Should COS be applied with the current employer or can this is be done through another employer ?

Any employer can do that for you as long as they have a job for you.

[desi5453]

I am in similar boat, but little different question.

I am on H1B since Aug 2007. I worked in 3 different company so far. Company-A, Company-B and Company-C.

Company-B filed for my GC and got I-140 approved and then I change my job to company-C and got extension beyond 6 years based on approved I-140 of Company-B.

Now, I lost my job, so, will need to go to H4 until get new job.

1) Can I still use my approved I-140 of company B to get extensions beyond 6 year once I get job and transfer back on H1?

2) If my new company process for my GC, can I peruse the same PD based on approved I-140 from company B?

Thanks!

[kalyan_ac]

I am in similar boat, but little different question.

I am on H1B since Aug 2007. I worked in 3 different company so far. Company-A, Company-B and Company-C.

Company-B filed for my GC and got I-140 approved and then I change my job to company-C and got extension beyond 6 years based on approved I-140 of Company-B.

Now, I lost my job, so, will need to go to H4 until get new job.

1) Can I still use my approved I-140 of company B to get extensions beyond 6 year once I get job and transfer back on H1?

2) If my new company process for my GC, can I peruse the same PD based on approved I-140 from company B?

Thanks!

You can get extensions as long as the I140 is not revoked by company B.

Yes you can retain the PD.