h1b to h4 and now back to h1b

[minilmp]

Hi,

 

I had h1b visa (from Oct 2007) and was working on h1b till Feb 2010. Then I changed to h4 visa (Feb 2010) after I resigned from my job. Since Feb-March 2010 I have been on h4 while my husband is on h1b, with i-140 approved.  I now want to take up job and change status from h4 to h1b. 

1)Will I be subject to h1b cap and lottery?

2) can I start working immediately after h1b gets approved or do I need to wait until Oct 1st 2014 to start job with new employer?

3) What will be the travel restrictions while COS is pending? Can I expedite and get new h1b approved in 15 days with premium processing ? I am planning to goto India for 3-4 weeks in June-July 2014 period? Do I need to get stamping for new h1b  when I return from India? My h4 is valid until 2016 but is not stamped in my passport yet because I got h4 extension while in USA.

[jairichi]

 

Hi,

 

I had h1b visa (from Oct 2007) and was working on h1b till Feb 2010. Then I changed to h4 visa (Feb 2010) after I resigned from my job. Since Feb-March 2010 I have been on h4 while my husband is on h1b, with i-140 approved.  I now want to take up job and change status from h4 to h1b. 

1)Will I be subject to h1b cap and lottery?

2) can I start working immediately after h1b gets approved or do I need to wait until Oct 1st 2014 to start job with new employer?

3) What will be the travel restrictions while COS is pending? Can I expedite and get new h1b approved in 15 days with premium processing ? I am planning to goto India for 3-4 weeks in June-July 2014 period? Do I need to get stamping for new h1b  when I return from India? My h4 is valid until 2016 but is not stamped in my passport yet because I got h4 extension while in USA.

 

1. You are cap exempt i.e. employer can file a H1B petition anytime.

2. Yes, you can start working immediately after H1B petition approval.

3. If you travel when your COS is pending it would be considered as abandoning COS. In this case after H1B petition approval you would need valid H1B visa and new I797 to enter US.

[pontevecchio]

1. NO

2. on approval with COS.

3. No travel with pending COS. But if you travel even after the COS you will need the H1 visa.

[JoeF]

If you have been counted int he H1 quota and haven't used the full 6 years, you are not counted again.

An employer can file an H1 for you at any time, and you can start working upon approval.

A COS mean change of status. Since a person by definition only has a status while in the US, any pending COS application would be void when you travel abroad. A status can't be changed if you don't have a status. You would need an H1 visa to enter into the US in H1 status.