H1 To H4 when H1 extension in process

[mukaa]

Hi all,

Currently I am in H1,( expiring on July, 2013) and is planning to change to H4 for some time due to personal reasons. My H1 extension is in process.

Request your help in getting few clarifications.

1) By what time should I apply for my H4?

2) How long will the processing be?

3) Till I get my H4, should I continue to work, to be in status or do I get a H4 status once my application is submitted?

4) If I do a H4 will the H1 extension get cancelled?

5) If my extension goes through and then I get into H4 will my H1 petition also get cancelled with the visa? or can I join back later on H1 in the same petition?

Thanks in advance.

[pontevecchio]

How did your company apply for an extension more than 6 months before the H1 petition expiry?

[mukaa]

Extension has been submitted internally. Company will submit this in feb

[pontevecchio]

Once your COS receipt is on hand you can stop working.

[mukaa]

Thanks a lot for your reply. Please help me with these queries

If I do a COS to H4 will my H1 work permit also get cancelled along with the visa? Can I join back from H4 on the same H1 petition if I get it extended now? Or do I need to get a new H1B from my employer?

In case I change to H4 while my extension is in process will my extension application get cancelled or will that get through?

Thanks for your time.

[pontevecchio]

Every time you leave a H1 employer they are supposed to revoke your H1 petition./ In future you can have the same or some other H1 employer file your H1 non cap petition with COS from H4 or CP and you can work after approval....subject to the total; 6 years allowed in H1 status. Once cap counted that remains a facty./

[mukaa]

Thanks again - I would like to clarify one point here. I am not planning to quit the employer, I would be taking unpaid leave and then moving in to H4 and later planning to join back with the same employer. Does this make any difference to the case?

In this scenario will my extension request get cancelled once I apply for a H4 or is it legal to have both applications submitted ?

Thanks for your time.

[pontevecchio]

Unpaid leave is very difficult to explain. Once you file your COS to H4 and get the receipt you are fine. Later on the employer needs to file another H1 petition with COS from H4 and then you can ONLY start on approval.