H1>H4>how to proceed with H1???

[SKMo]

Hello Friends,

My Status:

I was in the US on H1 for 3 years, got my status extended untill 2013 but the visa extension got rejected (its been almost an year now). My case was sent back to USCIS and it shows "post decision activity" on the website.

I would very soon be applying for H4.

I have a couple of questions here:

1. What will happen to my H1 after i get the H4?

2. After i step back in US on H4 i would want to change back to H1, will it then be a H1 transfer or a new H1?

3. If I had to apply for new H1 in April, say I go ahead with premium process, can I start working immediately or will I have to wait till following October?

Please advice and any similar cases please post you experience.

Regards,

SKMo.

[kalyan_ac]

Hello Friends,

My Status:

I was in the US on H1 for 3 years, got my status extended untill 2013 but the visa extension got rejected (its been almost an year now). My case was sent back to USCIS and it shows "post decision activity" on the website.

I would very soon be applying for H4.

I have a couple of questions here:

1. What will happen to my H1 after i get the H4?

2. After i step back in US on H4 i would want to change back to H1, will it then be a H1 transfer or a new H1?

3. If I had to apply for new H1 in April, say I go ahead with premium process, can I start working immediately or will I have to wait till following October?

Please advice and any similar cases please post you experience.

Regards,

SKMo.

1) When you enter the states on H4 visa, your status will be H4.

2) There is no transfer, its always a new H1 but the only exception being you are cap-exempt, meaning you dont fall under the quota.

3) Since your cap-exempt you can start working from the day you file your petition or after the approval of the petition.

[SKMo]

Oh, thanks so much, I am glad to know about this cap-exempt thing.