H1 to H4 and back to H1

[new2nyc]

Hi all,

I have a query regarding my H1 (in 6th year) which is expiring in March 2014.

Came to US: March 2008

6 year ending: March 2014

Never been outside US in H1 period.

I found a consultant who is ready to apply my GC and started the process. My labor will be filed around Jul-1-2013.

But my H1 cannot be extended after March 2014. This consultant has suggested me to go on H4 (my husband is on H1 which is valid till another 3 years) for 6 months after GC filing. And come back on H1 and recouping whatever my leftover time on H1. After finishing my H1, they can apply for extension.

SO, what I am trying to do is:

(just for number sake)

Labor file date: Jul-1-2013

Change of status (from H1 to H4 for 6 months): Aug-1-2013 (8 months still left on H1 at this time)

Change of status (from H4 to H1): Feb-1-2014 (This should atleast get me 8 months i.e. 30-Sep-2014)

Now, my question is: After 30-Sep-2014 can I extend my H1 on the basis of my Labor File date of Jul-1-2013?

Any help would be really appreciated!

Thanks.

[pontevecchio]

H1 extensions are possible if PERM is pending 365 days or I-140 is pending 365 days or I-140 is approved. Talk to the firm of Murthy and keep them on your side to make sure the "consultant" behaves appropriately.

[new2nyc]

H1 extensions are possible if PERM is pending 365 days or I-140 is pending 365 days or I-140 is approved. Talk to the firm of Murthy and keep them on your side to make sure the "consultant" behaves appropriately.

Thanks pontevecchio for the reply. Can you please also reply if this applies to my scenario as well...Where I will be going to H4 status from H1 and then coming back to H1?

[pontevecchio]

Yes.

[new2nyc]

Hi everyone,

 

Thanks for your response earlier. Its been sometime now and there are some changes to my situation, I really need urgent HELP/ Suggestions to proceed further....

As I have mentioned my situation earlier, the updates are as:

- My H1b will expire in Mar-2014

- I am with employer A, but employer B filed my PERM in Oct-2013, which got rejected.

 

Now, can you please suggest:

1) Which is feasible option:

- Going to India and applying H4 from there?

- OR, applying COS from H1 to H4 within US?

Which is much faster and can help us save the remaining 2 months on my H1?

 

2) Is there any other scenario that can help us save my remaining 2 months on H1, like:

If I apply for H4 in feb (from US) and resign. Will my H1 time still continue until I get H4?

 

3) We are planning to reapply for PERM through a different employer. Is this option possible after getting rejection on PERM 1st time? Are there any chances that the new PERM 

 

petition can get approved?

 

We are trying to save the remaining 2 months on H1, so that we can recapture it to extend my H1, if my PERM and 140 gets approved (assuming that we find some employer/ 

 

consultant) to file it.

 

Please reply....your help is really appreciated!

 

Thanks!

[jairichi]

 

Hi everyone,

 

Thanks for your response earlier. Its been sometime now and there are some changes to my situation, I really need urgent HELP/ Suggestions to proceed further....

As I have mentioned my situation earlier, the updates are as:

- My H1b will expire in Mar-2014

- I am with employer A, but employer B filed my PERM in Oct-2013, which got rejected.

 

Now, can you please suggest:

1) Which is feasible option:

- Going to India and applying H4 from there?

- OR, applying COS from H1 to H4 within US?

Which is much faster and can help us save the remaining 2 months on my H1?

 

2) Is there any other scenario that can help us save my remaining 2 months on H1, like:

If I apply for H4 in feb (from US) and resign. Will my H1 time still continue until I get H4?

 

3) We are planning to reapply for PERM through a different employer. Is this option possible after getting rejection on PERM 1st time? Are there any chances that the new PERM 

 

petition can get approved?

 

We are trying to save the remaining 2 months on H1, so that we can recapture it to extend my H1, if my PERM and 140 gets approved (assuming that we find some employer/ 

 

consultant) to file it.

 

Please reply....your help is really appreciated!

 

Thanks!

 

1. Both are possible. Applying for a H4 visa is quicker.

2. If you apply for COS to H4 and stop working based on receipt notice you are fine.

3. Yes, possible.

[new2nyc]

1. Both are possible. Applying for a H4 visa is quicker.

2. If you apply for COS to H4 and stop working based on receipt notice you are fine.

3. Yes, possible.

Hi Jairichi,

 

Thank you so much for your quick response.

Can you pls tell me how much time it takes to get the receipt on H4?

As you have mentioned that once I get the H4 receipt, my H1 will be stopped....since I have only 2 more months left (till March end), is it possible to save anytime on my remaining H1?

 

Can you pls also suggest If I apply for H4 in feb (from US) and resign from my current company, will my H1 time still continue until I get H4 receipt OR it can be saved?

 

Please help!

 

Thanks,

Nishtha

[jairichi]

Hi Jairichi,

 

Thank you so much for your quick response.

Can you pls tell me how much time it takes to get the receipt on H4?

As you have mentioned that once I get the H4 receipt, my H1 will be stopped....since I have only 2 more months left (till March end), is it possible to save anytime on my remaining H1?

 

Can you pls also suggest If I apply for H4 in feb (from US) and resign from my current company, will my H1 time still continue until I get H4 receipt OR it can be saved?

 

Please help!

 

Thanks,

Nishtha

It would take less than a week to generate receipt notice for COS to H4 from USCIS. Even after you get a receipt notice you have the option to continue working or stop working till a decision is made by USCIS.

 

If you want to stop working immediately after H4 receipt notice (to get some months to recapture for H1B extension based on I-140 approval at a later time) ask your employer to revoke H1B petition. Though by law employer has to revoke H1B once you stop working some employers fail to do so.