seek_advice2011 Posted July 24, 2011 Report Share Posted July 24, 2011 Both myself and my spouse are on H1.My current H1 expires soon. Spouse's H1 is current with 2 years left.My family is here. I am planning to go on H4 instead of leaving the country and be back after 1 year. Is it OK to be convert to H4 and apply for job (H1) after 1 year. Is it really necessary for me to leave the country in order to work after one year. Can some one please help me understand the process. I was under the impression that H1 guys would have to leave the country as they had no other option to work after current H1 expires. Link to comment
pontevecchio Posted July 24, 2011 Report Share Posted July 24, 2011 If you leave the country H4 is immaterial. If you have finished 6 years and you stay out for one year you can have a sponsor apply for a cap H1. On the other hand you can stay in H4 status as long as your spouse is in valid H1 status. Link to comment
seek_advice2011 Posted July 25, 2011 Author Report Share Posted July 25, 2011 I do not plan to leave country. Can I convert to H4 and after 1 year back to H1. Link to comment
SameerH1Bworker Posted July 26, 2011 Report Share Posted July 26, 2011 You need to be out of US. If you're in US with any other visa than that period will not count for 1 Year. Physically you need to be out of US for whole year. Link to comment
Joe.F Posted July 26, 2011 Report Share Posted July 26, 2011 Originally posted by seek_advice2011: I do not plan to leave country. Can I convert to H4 and after 1 year back to H1. No, you can NOT. You have a simple choice: you either leave the country for one year and get a new H1, or you don't leave and won't get a new H1... Link to comment
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