H1- H4

[sbobba]

Hi,
 

I am Sri.I have some questions regarding change of status from H1-H4 temporarily.I am on H1 with a fulltime job, however I want to change to H4 status , so I can move in with my husband to another state and then find a job.

From the USCIS processing times as of December 2013 there seems to be a lot of delay in I539 processing time.
 

Now my question is
 

1) would it be faster if I filed the I539 while I am here in the US and just resign
my job after I receive the I797C
 

2) Or should I resign my job here, go back to India and come back with an H4.
 

Your inputs are much appreciated.
 

Thanks,
Sri

[jairichi]

 

Hi,

 

I am Sri.I have some questions regarding change of status from H1-H4 temporarily.I am on H1 with a fulltime job, however I want to change to H4 status , so I can move in with my husband to another state and then find a job.

From the USCIS processing times as of December 2013 there seems to be a lot of delay in I539 processing time.

 

Now my question is

 

1) would it be faster if I filed the I539 while I am here in the US and just resign

my job after I receive the I797C

 

2) Or should I resign my job here, go back to India and come back with an H4.

 

Your inputs are much appreciated.

 

Thanks,

Sri

 

1. Yes.

2. If you want it that quick then you can.

[sbobba]

Thank you so much for the reply

[sbobba]

And also if i apply for convertion to H4 and since it is taking 8 months of time..mean while if i get a job can i go back to h1 transfer ?

[jairichi]

And also if i apply for convertion to H4 and since it is taking 8 months of time..mean while if i get a job can i go back to h1 transfer ?

If you apply for COS from H1B to H4 it takes 3 to 4 months. When COS is pending your employer can file a cap exempt H1B petition and on approval you can withdraw COS from H4 to H1B application from USCIS. If withdrawal is not successful you can exit and enter US with a valid H1B visa and new employer's I797. In this way your COS from H1B to H4 gets abandoned.

[sbobba]

Thank you so much !

[sbobba]

what if i file a H4 Petition here and before it gets approved i travel to India and get my H4 stamped.Are there any risks involved ?

[jairichi]

what if i file a H4 Petition here and before it gets approved i travel to India and get my H4 stamped.Are there any risks involved ?

No issue. The moment you leave US your COS application is considered abandoned.

[sbobba]

Thank You !

[sbobba]

what if my H4 is approved and if i get a job later, can that employer file a cap exempt h1b so that i can come back on h1 ?

[jairichi]

what if my H4 is approved and if i get a job later, can that employer file a cap exempt h1b so that i can come back on h1 ?

Yes, a new employer can file a cap exempt H1B petition anytime (as long as you have not used the full 6 years allowed limit on H1B) and once approved you can start working immediately

[sbobba]

Thank you!

I need a suggestion

I am on h1 and I resigned and my last working day is in March

I don't have a job currently.but I will look for a job.

Is it better to go back to India , get h4 and come back to US and search for a job

Or apply for COS and search for a job and once I get a job withdraw COS. Why I am asking this is of the processing times of H4 is 7-8 months currently.

Thank you !