Help info on H1 -H4- H1

[vkola]

Hello All,

This forum is very useful and advance thanks for your advice.

I am working in USA on a H1B visa valid until 'April 2013 (end of 6th year).

My employeer filed for my perm at the end of my 5th year and the perm got denied, now they have applied for appeal, but they are not willing to apply for my 7th year extension ( Based on labor being pending for more than 365 days)

Is it possible for a new employer/company transfer my H1b and file for 7th year extension?

My Wife is also on H1 and it's valid until 2015

1. Can I change my Visa stsues to H4 and apply for new H1b after 365 days with new employer?

2 . Do i have to leave the country for the H1b visa clock to reset after changing to H4 ?

3. Will my potential new employer have refile my H1B ?(will I be counted in the H1b cap)

Thanks in advance for your help

-Regards,

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[rangadu]

The rule is 365 days outside the country. Being in H4 status and in US doesn't count for those 365 days.

To refile H1B you will need to be counted in the fresh cap. You will not have a cap waiver.

Alternatively, you can stay in the country on H4 and wait for your appeal, get labor and I 140 approved, then apply H1 with the same company. then cap wouldn't apply.

[t75]

Clock is not reset until you spend 1 year OUTSIDE the US and go through quota again.

Why was the PERM denied? If it was because of YOUR qualifications rather than a procedural problem in filing, you have an issue to address.

[vkola]

Hi Thanks for your advice.

The Perm was denied, based on telecommuting. ( I am a fulltime employee for the company. I work in city A for 3 days and work2 days from home) The lawyers are saying this is the reason!

My HR is now backing off to file for my 1 year extension based on pending labor (365 day) rule. and i don't have any time left on my H1B.......

[pxy8519]

Hello,

I m on H1 right now and it expires March 30th and I m leaving to india in april for my weddding in May. I m planning to come back on H4 in June. when I come back, find a job and apply for a H1, will it be a fresh H1 subjcting to H1b Cap or will it be change of status?

please help.

thanks

[rangadu]

Hello,

I m on H1 right now and it expires March 30th and I m leaving to india in april for my weddding in May. I m planning to come back on H4 in June. when I come back, find a job and apply for a H1, will it be a fresh H1 subjcting to H1b Cap or will it be change of status?

please help.

thanks

You are not subjected to cap again. You can do COS anytime provided you did not hit your 6 year limit.

[Attorney_25]

Hello All,

Is it possible for a new employer/company transfer my H1b and file for 7th year extension?

My Wife is also on H1 and it's valid until 2015

1. Can I change my Visa stsues to H4 and apply for new H1b after 365 days with new employer?

These things are possible if handled correctly.

[Attorney_25]

To refile H1B you will need to be counted in the fresh cap. You will not have a cap waiver.

This is not correct.