H1B->H4->H1B

[Rakee]

Hi,

  I have below questions related to H1B Visa. Could you please help me on this.

 

1) I am planning to convert my status to H1B to H4 status as dependent and I would like to know with in how many days I have to file my H4 petition once my employer terminates my employment and how many days it will take to change my status from H1 to H4.

 

2) Once I get a new job, I want to know the processing time to convert from H4 to H1B ( My H1B is inactive and will not be cancelled) if I filed petition on premium processing.

 

3)Assume my petition for H1 to H4 is in progress and In the meantime  if get a new job can I cancel my H4 petition in the middle and join back to work immediately based on H1B reactivation receipt?

 

Thanks for your help

[pontevecchio]

1. File and get the receipt before you are laid off. Then you are allowed to wait for the 3-4 months it takes.

2. Nothing called inactive H1. Your company can file with PP and on approval you can join them.

3. It does not always work that way. Any good employer will pay for you to leave and get the H1 visa and return.

[jairichi]

Hi,

  I have below questions related to H1B Visa. Could you please help me on this.

 

1) I am planning to convert my status to H1B to H4 status as dependent and I would like to know with in how many days I have to file my H4 petition once my employer terminates my employment and how many days it will take to change my status from H1 to H4.

 

2) Once I get a new job, I want to know the processing time to convert from H4 to H1B ( My H1B is inactive and will not be cancelled) if I filed petition on premium processing.

 

3)Assume my petition for H1 to H4 is in progress and In the meantime  if get a new job can I cancel my H4 petition in the middle and join back to work immediately based on H1B reactivation receipt?

 

Thanks for your help

1. Before tha last day of termination you have to file for COS from H1B to H4. Based on current processing time it might take 3 to 4 months.

2. 15 calendar days by PP.

3. Even though you can request USCIS to withdraw rarely it gets done. Even if it is withdrawn you cannot start working immediately based on H1B receipt notice. You would need approval. Only when you move on H1B status from one employer to another you can start working for new employer based on receipt notice.

[JoeF]

1. You would have to file an H4 immediately when you are laid off.

2. If you are not working for the employer, the employer BY LAW has to cancel the H1. It has absolutely no meaning for you. There seems to be a rumor out there that cancelling the H1 is bad. Such rumors are WRONG! Don't listen to rumors.

3. If you want to start working again, an employer always has to file a new H1 for you. That can be at any time. And, cancelling of the old H1 has absolutely zero effect on this.

To repeat: cancelling or revocation of the H1 is required BY LAW if you don't work for the employer and it is completely IRRELEVANT for you.

[Rakee]

Thanks all for the details. I will be working again back to same employer and I was told that I can join back to work after filing new LCA that takes two weeks of time. Please confirm this case is valid after I submitted H1 to H4 application.

[jairichi]

Thanks all for the details. I will be working again back to same employer and I was told that I can join back to work after filing new LCA that takes two weeks of time. Please confirm this case is valid after I submitted H1 to H4 application.

If you are out of status and a COS petition from H1B to H4 is pending with USCIS you cannot join employer. You would need to exit and enter US with a valid H1B visa and I797. By doing this your COS from H1B to H4 gets abandoned.