H1 to H4 and Vice Versa

[lakshman_vm]

Hi,

 

Myself and my wife are in H1B and are working for the same employer. I have my H1B till Mar 2015. My wife's H1B is expiring on Sep 30 2013 and our employer applied for her extension on June 17th. This is her first year and still have 5 more years for max out. The extension is still in initial review and we are waiting for the approval. 

 

My wife's current project is ending on 09/20/2013. From that date she has 5 weeks time to get into a new project. Else she has to resign or go back to India. 

 

In this situation, i have the below questions?

 

1. Can she apply for a change of status to H4 and stay as my dependent for 3 months and get back to H1B status with the same employer?

 

2. If yes, when should we apply for H4 COS? After the 5 week time is over or now itself?

 

3. What will happen to the H1B extension which is still in Initial review? Should we wait for it before applying for a COS? I have heard of cases waiting for more than 6 months for getting H1 extension approved this year. What should we do if it gets delayed?

 

4.  How long will it take for the H1 to H4 COS and vice versa? 

 

5. If she gets a project after say 2 months in H4, how to apply for a H1B COS? Will it be a new H1B cap application? Will her current H1B visa become invalid once she moves to H4? 

 

Please advice. 

 

Thanks,

Lakshman

[jairichi]

Hi,

 

Myself and my wife are in H1B and are working for the same employer. I have my H1B till Mar 2015. My wife's H1B is expiring on Sep 30 2013 and our employer applied for her extension on June 17th. This is her first year and still have 5 more years for max out. The extension is still in initial review and we are waiting for the approval. 

 

My wife's current project is ending on 09/20/2013. From that date she has 5 weeks time to get into a new project. Else she has to resign or go back to India. 

 

In this situation, i have the below questions?

 

1. Can she apply for a change of status to H4 and stay as my dependent for 3 months and get back to H1B status with the same employer?

 

2. If yes, when should we apply for H4 COS? After the 5 week time is over or now itself?

 

3. What will happen to the H1B extension which is still in Initial review? Should we wait for it before applying for a COS? I have heard of cases waiting for more than 6 months for getting H1 extension approved this year. What should we do if it gets delayed?

 

4.  How long will it take for the H1 to H4 COS and vice versa? 

 

5. If she gets a project after say 2 months in H4, how to apply for a H1B COS? Will it be a new H1B cap application? Will her current H1B visa become invalid once she moves to H4? 

 

Please advice. 

 

Thanks,

Lakshman

First, it is your employer's duty to find a project for your wife and not your wife's.

(1) Yes, she can.

(2) If she will be paid for 5 weeks then she can apply for a COS by then. If not, she has to apply before the last day she receives salary.

(3) As long as a decision is pending from USCIS she is in status.

(4) 2.5 months by regular processing. Except that for COS from H4 to H1B you could request for premium processing and decision would be in 15 calendar days.

(5) Her employer has to apply for a cap exempt H1B petition (paying H1B fees) and upon approval she can work immediately for new employer.