H1 to H4 transfer

[visitor_ma]

Hi all,

 

I am currently on H1B and I want to leave job and go back to H4 status.

PLease advise me what date I should give my employer as last date.

 

My understanding is this -

1) After we get receipt for H4 that can be considered last day.

2) receipt for H4 comes in 15 to 30 days.

3) Even if receipt# for H4 does not come we can consider the day when application is received by USCIS of course in all scenarios we should have H4 approved at the end. If H4 is not approved then I will be considered out of status from my last pay day.

 

Please advise if my understanding is correct.

[visitor_ma]

Hi all,

Anyone please reply to my above query.

 

Also I would like to know one thing. I applied for H1B as cap exempt after entering US back again on H4 after 2 years.

I had 2.3 yrs left on my previous H1B out of 6 years.

 

Now if I go back to H4 and want to apply for H1 again (provided I get Job) in April 2015, will I get H1B with 3/6 years time-limit or it will be remaining cap exempt?

 

In nutshell I want to apply for fresh H1B rather than being cap exempt, is it possible now without going out of country for 365 days since I have reinstated my old H1B?

[jairichi]

Hi all,

 

I am currently on H1B and I want to leave job and go back to H4 status.

PLease advise me what date I should give my employer as last date.

 

My understanding is this -

1) After we get receipt for H4 that can be considered last day.

2) receipt for H4 comes in 15 to 30 days.

3) Even if receipt# for H4 does not come we can consider the day when application is received by USCIS of course in all scenarios we should have H4 approved at the end. If H4 is not approved then I will be considered out of status from my last pay day.

 

Please advise if my understanding is correct.

1. Yes, if you want to.

2. Within a week or two.

3. That is correct. But, always better to have H4 receipt notice.

[jairichi]

Hi all,

Anyone please reply to my above query.

 

Also I would like to know one thing. I applied for H1B as cap exempt after entering US back again on H4 after 2 years.

I had 2.3 yrs left on my previous H1B out of 6 years.

 

Now if I go back to H4 and want to apply for H1 again (provided I get Job) in April 2015, will I get H1B with 3/6 years time-limit or it will be remaining cap exempt?

 

In nutshell I want to apply for fresh H1B rather than being cap exempt, is it possible now without going out of country for 365 days since I have reinstated my old H1B?

You are eligible only for remainder years. If you want 6 years then you need to be outside US for 365 days before a cap subject H1B petition can be filed.

[visitor_ma]

1. Yes, if you want to.

2. Within a week or two.

3. That is correct. But, always better to have H4 receipt notice.

 

Thank you jairichi for your response.

 

I have to calrify 1 more thing.

 

1) I will be sending application for COS to H4 tomorrow. And I think my employer will be sending H1B withdrawl application tomorrow as well.

 

My application I have to send to following address which is PO box, taken from USCIS site-

 

Dependents filing Form I-539 for a change of status or extension of stay separately from the principal's application, and whose principal's application is pending or approved, should file at the USCIS Dallas Lockbox facility.

 

All other Form I-539 filings should be sent to the
USCIS Dallas Lockbox facility. See address below.

 

USCIS

P.O. Box 660166
Dallas, TX 75266

 

 

I am worried if I send to PO box then I will not have acknowledgement of reciveing the packet. And my employer will send H1b withdrwal application and I will send COS application from H1B to H4 tomorrow to above PO box address. Should I be safe and can I continue to stay in US after sending my COS H4 application tomorrow? Or do I need to go out of country for H4 status?

 

Please advise.

[jairichi]

1. Yes, if you want to.

2. Within a week or two.

3. That is correct. But, always better to have H4 receipt notice.

 

Thank you jairichi for your response.

 

I have to calrify 1 more thing.

 

1) I will be sending application for COS to H4 tomorrow. And I think my employer will be sending H1B withdrawl application tomorrow as well.

 

My application I have to send to following address which is PO box, taken from USCIS site-

 

Dependents filing Form I-539 for a change of status or extension of stay separately from the principal's application, and whose principal's application is pending or approved, should file at the USCIS Dallas Lockbox facility.

 

All other Form I-539 filings should be sent to the

USCIS Dallas Lockbox facility. See address below.

 

USCIS

P.O. Box 660166

Dallas, TX 75266

 

 

I am worried if I send to PO box then I will not have acknowledgement of reciveing the packet. And my employer will send H1b withdrwal application and I will send COS application from H1B to H4 tomorrow to above PO box address. Should I be safe and can I continue to stay in US after sending my COS H4 application tomorrow? Or do I need to go out of country for H4 status?

 

Please advise.

You are fine. Nothing to worry.

[visitor_ma]

You are fine. Nothing to worry.

Thanks so much for your prompt response.

 

I have couple more questions.

1) If I send pplication for COS of H4 and my employer don't send H1B withdrawl application, then is he liable to pay me salary till my H4 is approved?

 

2) If answer to above is no, then I understand it will take 2-3 months for H4 approval, in meantime if I get job then I can still work for same employer without filing H1B COS? If yes then I think he will have to pay me for time when I m not working I believe, because that would be considerd as being on bech, please advise.

[jairichi]

1. If you do not work for employer then there is no need for employer to pay your H1B salary.

2. By law the moment you stop working for employer your H1B petition has to be revoked. So, this will not allow you to join same employer without getting a cap exempt H1B filing and approval.