Visa Changes : H4 to H1 and back to H4

[inim38]

Hi,

 

 

I am on H4 right now and looking for an employer who can file H1B for me this year so that I can work.

 

 

1.  Suppose an employer 'A' files H1B for me in April 2014 and suppose my h1B gets approved, then what would be my status after H1B approval? I will be on H4 or H1B?

 

 

2. If I will be on H4 after H1B approval , then when my H1B will be started actually? Is it oct 1 2014?

 

 

3. Suppose by any circumstances or personal reasons, If I won't be able to start work on H1B from October 2014...then what would happen? What would be my status? I would be on H4 or H1B from october 2014?

 

 

4.  Can I come back to H4 again immediately in October 2014? 

If yes, How long it will take to come back on H4 from H1B?

OR Do I need to work on H1B for some time in order to come back on H4?

 

 

5.  Does USCIS have any issues with these visa changes?

 Are there any restrictions or risk involved in these visa changes?

 

6.  Can I back on H1B later some time in future without waiting for April quota?

 

 

 

 

Thanks for reading such a long question and I will really appreciate your true response on this.

 

 

 

[jairichi]

1. If it is approved as change of status then you will be on H4 status till the H1B start date. Generally till 30th Sept 2014.

2. Yes.

3. You would need to apply for COS from H1B to H4. Alternatively, you can exit and enter US on valid H4 visa.

4. If you apply as COS from H1B to H4 it might take 3 to 4 months for approval. You can immediately apply for COS.

5. No.

6. Yes, you will be cap exempt. So, an employer can file a cap exempt H1B petition anytime and after approval you can start to work.

[t75]

If you do not expect to work in Oct, do not deprive a legitimate candidate of that opportunity

[pontevecchio]

A new first time H1 cap subject petition can be filed in April onwards for a start date in October onwards. If you get a H1 sponsor ask them to file with Consular processing.