H1 to H4 during PERM processing

[RBS_123]

Hi Team,

 

Greetings!.

 

I am  working for a big Indian company and currently in H1 visa and in my 6th year. I am going to complete all my 6 year in September.

 

My wife is in H1B and working in US.

 

My company is going to apply my labor sometime in July and possibly it will take another 8 to 10 months to get this approved.  I don't want my wife to discontinue her job.

 

I will go back to India in September.

 

Question:

1. While my labor/PERM  is in process, can I come to US in H4 visa based on my wife's H1?

2. Will there be any impact on my labor/Green card process if I convert my status to H4?

3. Can I be on leave & stay in US in H4 visa during the labor process?

4. Once Labor is approved and being in India can I apply the I-140 in premium?

5. Once my I-140 approved, do I need to change my status to H4 to H1 or if I go for visa interview, that will be converted to H1 automatically?

 

Please let me know what all the problems that might come if I try to get a H4 and stay in US after I complete all my 6year of  H1 during my labor/PERM process?

 

Can I stay in H4 during the PERM/Labor processing period?

 

Please help me.

 

 

 

 

 

 

 

 

 

[jairichi]

1. Yes.

2. No.

3. You can be on H4 and your leave of absence is irrelevant here.

4. Yes.

5. Either employer files a cap exempt H1B petition with COS from H4 or consular processing.

[rahul412]

 

Question:

1. While my labor/PERM  is in process, can I come to US in H4 visa based on my wife's H1?

2. Will there be any impact on my labor/Green card process if I convert my status to H4?

3. Can I be on leave & stay in US in H4 visa during the labor process?

4. Once Labor is approved and being in India can I apply the I-140 in premium?

5. Once my I-140 approved, do I need to change my status to H4 to H1 or if I go for visa interview, that will be converted to H1 automatically?

1. Yes

2. No

3. You can't work on H4.

4. Your employer has to do that. Yes, he  can.

5.If you have a job at that time, then that employer has to file H1 with COS.

 

Bottom-line: You are good to go. GC is for future employment, it doesn't matter what's your current status is.

[RBS_123]

Thank you Jairichi and Rahul.

 

A follow up Q, Being in H4 AND in staying in US,  Can I work remotely in US with Indian wages?

 

I don't want to do anything illegal, please do let me know if that would be a good option or I even should not think of it.

[jairichi]

Thank you Jairichi and Rahul.

 

A follow up Q, Being in H4 AND in staying in US,  Can I work remotely in US with Indian wages?

 

I don't want to do anything illegal, please do let me know if that would be a good option or I even should not think of it.

No, you cannot.

[rahul412]

A follow up Q, Being in H4 AND in staying in US,  Can I work remotely in US with Indian wages?

No you can't work on H4.

[RBS_123]

Thank you very much Rahul & Jairichi. Appreciate your reply.