H1B to H4 status

[shekar*123]

Hello,

 

I need your help to change my wife's H1B status to H4. we had a baby boy 6 months ago and now my wife wants to take a break to take care of my little one. her H1b visa valid until 12/31/2015. So now if she changes her status to H4 and later (after 1 year) if she wants to work again, believe she is eligible to apply the change of status from H4 to H1B regardless of cap eligibility, please confirm? and also in between she is on H4 status and wants to visit India and come back. is there any problem when she applies her change of status from H4 to H1B when she wants to work since she went outside USA with H4? Please let me know your thoughts and appreciate your help on this.

 

thanks

Sekhar

[jairichi]

Hello,

 

I need your help to change my wife's H1B status to H4. we had a baby boy 6 months ago and now my wife wants to take a break to take care of my little one. her H1b visa valid until 12/31/2015. So now if she changes her status to H4 and later (after 1 year) if she wants to work again, believe she is eligible to apply the change of status from H4 to H1B regardless of cap eligibility, please confirm? and also in between she is on H4 status and wants to visit India and come back. is there any problem when she applies her change of status from H4 to H1B when she wants to work since she went outside USA with H4? Please let me know your thoughts and appreciate your help on this.

 

thanks

Sekhar

If she has not utilized the maximum allowed of 6 years on H1B then she is cap exempt. No issues if she takes a trip to India and wants to come back in her H4 status. She just needs a H4 visa to re-enter.

[pontevecchio]

It was a joint effort.  If she visits India she will need to get a H4 visa to return. Semantics aside only an employer can file a H1 petition for her and she will be able to use the remainder option. Periods in H4 are not counted.

[shekar*123]

If she has not utilized the maximum allowed of 6 years on H1B then she is cap exempt. No issues if she takes a trip to India and wants to come back in her H4 status. She just needs a H4 visa to re-enter.

thanks for your help. she didn't complete the 6 years quota. 

[shekar*123]

thanks for all your support on this and sharing the valuable information.

[shekar*123]

It was a joint effort.  If she visits India she will need to get a H4 visa to return. Semantics aside only an employer can file a H1 petition for her and she will be able to use the remainder option. Periods in H4 are not counted.

thanks for the update. i have one more query, is it necessary to apply my wife's H4 from the same employer she is working at present? or any body can apply it? her employer is suggesting to take a break (instead of changing it to H4 from H1) and they will apply vacation so that they need not to apply her H4 to H1 when she comes back from the break. is it suggestible? please help me on this and appreciate your help.

[jairichi]

thanks for the update. i have one more query, is it necessary to apply my wife's H4 from the same employer she is working at present? or any body can apply it? her employer is suggesting to take a break (instead of changing it to H4 from H1) and they will apply vacation so that they need not to apply her H4 to H1 when she comes back from the break. is it suggestible? please help me on this and appreciate your help.

H4 is independent of an employer. It depends on your status alone. Your wife can file a I539 along with supporting documents withUSCIS. If employer is ready to pay her during this vacation time she is fine as she will be considered on valid H1B status. If she is not going to be paid she has to apply for H4.

[pontevecchio]

She applies for the H4 visa based on your valid H1 status with any employer. Her current employer is not involved. His suggestion could affect her badly. She can return in H4 status and then in future have any H1 employer file a H1 petition for her.

[shekar*123]

She applies for the H4 visa based on your valid H1 status with any employer. Her current employer is not involved. His suggestion could affect her badly. She can return in H4 status and then in future have any H1 employer file a H1 petition for her.

thanks for the valuable information. my wife's employer mentioning to apply for the Extended maternity leave since she delivered the baby last 6 months back. so she would be eligible for out of work and apply for extended maternity. not sure whether it is possible. Please help me on this and appreciate your time.

[jairichi]

thanks for the valuable information. my wife's employer mentioning to apply for the Extended maternity leave since she delivered the baby last 6 months back. so she would be eligible for out of work and apply for extended maternity. not sure whether it is possible. Please help me on this and appreciate your time.

Extended maternity leave and be on H1B status? Never heard that. More than listening to your spouse's employer talk to an independent attorney as an attorney knows more than employer

[pontevecchio]

The employer is wrong. Do you think she cannot get another employer in future?

[shekar*123]

The employer is wrong. Do you think she cannot get another employer in future?

thanks for the information. she can definitely get another one. i spoke with my employer to apply her h4 and they are going to apply her h4 next week. we have informed my wife's employer about the situation, they also agreed. 

 

thank you much for your time and co-operation. 

[shekar*123]

thanks for the information. she can definitely get another one. i spoke with my employer to apply her h4 and they are going to apply her h4 next week. we have informed my wife's employer about the situation, they also agreed. 

 

thank you much for your time and co-operation. 

At last i have applied my wife's H1 to H4 change of status. My employer prepared the paper work and we have mailed it to the uscis. 

now my wife's employer is asking for the receipt of H4 and saying they would "withdraw" her h1b. I am not quite sure about withdrawing the h1b. could you please let me know the impact of doing this? is it possible to change my wife's status back to H1 when she wants to work again if the company withdraw the h1b? please suggest me. thanks for all your extended support on this.

[jairichi]

At last i have applied my wife's H1 to H4 change of status. My employer prepared the paper work and we have mailed it to the uscis. 

now my wife's employer is asking for the receipt of H4 and saying they would "withdraw" her h1b. I am not quite sure about withdrawing the h1b. could you please let me know the impact of doing this? is it possible to change my wife's status back to H1 when she wants to work again if the company withdraw the h1b? please suggest me. thanks for all your extended support on this.

By law an employer has to revoke H1B petition once a person stops working for employer. However, this will not affect the outcome of any future H1B petitions filed by prospective employers.

[shekar*123]

By law an employer has to revoke H1B petition once a person stops working for employer. However, this will not affect the outcome of any future H1B petitions filed by prospective employers.

that means my wife can change her h4 to h1 when ever she wants to work again irrespective of cap limit? could you please clarify on this.

[jairichi]

that means my wife can change her h4 to h1 when ever she wants to work again irrespective of cap limit? could you please clarify on this.

If she is counted against cap once and has not utilized the max allowed time of 6 years on H1B then employer can file a cap exempt H1B petition with COS from H4 to H1B anytime.

[shekar*123]

thank you for all your support on this.