H1B to H4 transition and potentially back to H1B


murthyadvice123

Recommended Posts

I am currently in my 6th year of H1B. I have had my H1B extended till Feb. 2016 since my PERM was filed last year. I have a 797 approved for the same.

 

For a number of reasons, including my PERM approval getting stuck I plan to leave my job and transition to an H4 visa (based on my spouse's H1B)

 

I wanted to know if the time I will spend on H4 - say 3 to 4 months - can later be reclaimed on my H1B if I start working at a later date - with a new employer etc. thus extending the date past Feb 2016.

 

In other words, does my H1B clock stop while I am on H4 and in the country and potentially looking for a new job or does the clock keep ticking on any H visa?

 

Do I have to leave the country at any point because I would rather not do that.

 

Are there any downsides to this?

 

Thanks!

Link to comment

I am currently in my 6th year of H1B. I have had my H1B extended till Feb. 2016 since my PERM was filed last year. I have a 797 approved for the same.

 

For a number of reasons, including my PERM approval getting stuck I plan to leave my job and transition to an H4 visa (based on my spouse's H1B)

 

I wanted to know if the time I will spend on H4 - say 3 to 4 months - can later be reclaimed on my H1B if I start working at a later date - with a new employer etc. thus extending the date past Feb 2016.

 

In other words, does my H1B clock stop while I am on H4 and in the country and potentially looking for a new job or does the clock keep ticking on any H visa?

 

Do I have to leave the country at any point because I would rather not do that.

 

Are there any downsides to this?

 

Thanks!

When you move to a H4 status your H1B clock stops right away.

Link to comment

Thank you!

I have heard H4 approvals can't be premium processed so if I stop working and then file for an H4 - what is my status between the day I stop working and the time it takes for the H4 approval to come through?

And will it confuse matters if I land another job in that time frame?

Yes, there is no PP for H4. You need to apply for COS to H4 before your last working day with employer. If you get a new employer filing a cap exempt H1B petition when your COS to H4 is in progress then you need to exit and enter US once your H1B gets approved or request USCIS to withdraw your COS to H4 application. Traveling outside US would make your COS to H4 being abandoned.

Link to comment

Thank you very much for your prompt replies.

One last thing - as long as a new petition is filed before the expiry of my current 797 it will always be cap exempt right?

Even if it is filed after expiry it will be cap exempt as long as you have not stayed more than 6 years allowed on H1B.

Link to comment
  • 2 weeks later...

I hope someone sees this and replies - since my potential new employer will need a file a cap exempt petition - are there any drawbacks to this? Will it be harder to find a job and say I have a valid H1B and I am currently on an H4?

I understand this is subjective but is there a reason from the visa processing standpoint that employers would be reluctant to take me on when I am on an H4 visa (but have a valid H1B that is being unused) ?

 

Thanks!

Link to comment

I hope someone sees this and replies - since my potential new employer will need a file a cap exempt petition - are there any drawbacks to this? Will it be harder to find a job and say I have a valid H1B and I am currently on an H4?

I understand this is subjective but is there a reason from the visa processing standpoint that employers would be reluctant to take me on when I am on an H4 visa (but have a valid H1B that is being unused) ?

 

Thanks!

Since you are cap exempt it gives an advantage to hire you anytime once a cap exempt H1B petition is approved. Even though it takes 2 plus months to get COS from H4 to H1B it is legal for you to pay for PP and get a decision in 15 calendar days.

Link to comment

Archived

This topic is now archived and is closed to further replies.