H1 to H4 and I-140 approved; back to H1 would be in Oct ?


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I have a few questions on my H1 extension.


Currently my I-140 is approved with my current employer in May 2013 and my H1 is getting expired in Dec 2013.

However I would be going on maternity leave during that time and my project is also coming to end.


So my question do I need to go for Change of Status to H4 in Jan 2014 and what will be the implications for the same ?


Like , will I get my new H1 any time or do I have to wait for Oct 2014 as my I-140 is approved already?

Do I need to again apply for new Labour for I-140 on my new H1-B?

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You can apply from H-1 to H-4.

You have to ask your employer abt how long they would keep I140 valid ?

If they return I140, it is still ok , you can port your date provided they didnt use fraud as the reason.


Im not sure about how long you were on H1, but assuming you still have some time left in it, after maternity leave, you can rejoin on H-1 once approved. The date could be the date of approval and not until Oct.

For your Perm/labor process, it depends on your employer. Still rejoining old employer and the I-140 is not returned, you are good.

Else, yes, process starts again but date can be ported.

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