H4-H1B-H4

[radhu.ssk@gmail.com]

Hi,

 

I am currently in H4 which is valid till Feb 2017. I am planning to apply for H1B in April-2014 through an employer.Please guide me in the following queries:

 

1.Can I travel in H4 to and fro to India before oct-2014 while the H1B is in-processing state ? Will there be any chance of H1 cancellation/rejection because of this?

2. Once my H1 is approved say by oct-2014,Can i start working from Jun-2015?Due to personal reasons am planning to take a break till Jun-2015. In that circumstance, can I stay in US in H4 visa?

3. In the above case(ques2) does the change of status from H1 to H4(from oct-2014 to Jun-2015) involves cost/Fee ?

 

 

Thanks in advance!

 

Thanks,

Radhika.S

[pontevecchio]

1. You can travel and the H1 petition will be decided on merits. This also lets you go and get the H1 visa next year and return to start if the petition is approved. COS is not advisable. Does your potential employer know this and is still willing to wait for you?

2. See 1. If a COIS is not applied for with the H1 petition application you will remain in H4 status .

3. Let the employer file your H1 without COS and then go from there.

[jairichi]

Hi,

 

I am currently in H4 which is valid till Feb 2017. I am planning to apply for H1B in April-2014 through an employer.Please guide me in the following queries:

 

1.Can I travel in H4 to and fro to India before oct-2014 while the H1B is in-processing state ? Will there be any chance of H1 cancellation/rejection because of this?

2. Once my H1 is approved say by oct-2014,Can i start working from Jun-2015?Due to personal reasons am planning to take a break till Jun-2015. In that circumstance, can I stay in US in H4 visa?

3. In the above case(ques2) does the change of status from H1 to H4(from oct-2014 to Jun-2015) involves cost/Fee ?

 

 

Thanks in advance!

 

Thanks,

Radhika.S

1. You can travel. Only your COS part of H1B petition gets abandoned.

2. Yes, provided current employer does not revoke H1B petition if you plan to work for them. Even if revoked a new employer can file a cap exempt H1B petition.

3. Yes.

[nishant2808]

Hi,

 

My wife is also in same situation.

 

1. So for question 3 above (H1 to H4 COS), does she have to file for a COS?

2. Can she be on H4 till she starts working and then activate her H1? The employer says we can achieve this through amended LCA.

3. What are the fees for H1 to H4 COS?

[jairichi]

Hi,

 

My wife is also in same situation.

 

1. So for question 3 above (H1 to H4 COS), does she have to file for a COS?

2. Can she be on H4 till she starts working and then activate her H1? The employer says we can achieve this through amended LCA.

3. What are the fees for H1 to H4 COS?

1. Yes.

2. If approved as COS your spouse has 60 days to start work on H1B. If not, after that she will be considered out of status.

3. $190 for filing I539.

[radhu.ssk@gmail.com]

In the above case can a employer file H1B without COS in Apr-2014 ? In practical cases whether any employer would be ready to do it ?

[nishant2808]

Hi,

 

If after 60 days she does not start work for any reason, Can she file for COS to go back to H4 from H1?

 

How much time does this COS processing take?

 

Till the COS to H4 is approved can she stay in US after the 60 days?

 

Thanks

[jairichi]

Hi,

 

If after 60 days she does not start work for any reason, Can she file for COS to go back to H4 from H1?

 

How much time does this COS processing take?

 

Till the COS to H4 is approved can she stay in US after the 60 days?

 

Thanks

She can file for COS from H1B to H4. She would get an RFE for pay stubs for those 60 days of unemployment. If she can respond to RFE then her approval should be done in 3 to 4 months. She can stay as long as a decision is pending with USCIS. Alternatively, she can exit and enter US with a valid H4 visa and a copy of your I797. 

[jairichi]

In the above case can a employer file H1B without COS in Apr-2014 ? In practical cases whether any employer would be ready to do it ?

Yes, employer can file a H1B petition as consular processing. Genuine employers would not hesitate to take this route.

[nishant2808]

"She would get an RFE for pay stubs for those 60 days of unemployment. If she can respond to RFE then her approval should be done in 3 to 4 months."

 

If she is not employed for 60 days on H1, how would she get any paystub to respond to the RFE?

[pontevecchio]

If you travel during the H1 application with COS before decision the COS is nullified. What difference does it make to the employer regarding the COS as you can only start in October.