H4 - H1 COS


ravik_14

Recommended Posts

Hi, 

 

I got my H4 stamped last month (Dec 2015) and planning to US.

I also hold H1(I-797) which expired in September 2014, (I got this H1 extension approved while I was returning back to India in 2011).

My question(s)

1) after going to US, should I apply for H1 in new quota(2016) again?

2) please let me know whether my old H1 will be useful to change the status from H4 - H1 without applying in quota, if yes please let me know whats the duration of H4 - H1 transfer.

 

Your immediate response would be appreciated..

Thanks in advance.

 

Link to comment

1. If you have not stayed in US beyond 6 years on H1B then you are cap exempt. If you do so you will get 6 years - time spent in US on H1B.

2. Refer 1.

Hi jairichi,

 

Thanks a lot for your earliest reply.

 

I want to be little clear regarding the 6 year period.

 

When I was in US, I got selected in H1 lottery in 2008 which was valid till 2011(3yrs). 

In 2011, I applied for H1 extension and got approval which was valid till 2014(3 yrs).

In the same year 2011, I came back to India.(could not work the second 3 year period).

 

Now I got H4 stamped(on Dec 2014)  and planning to go US.

Please let me know :

1) Will I be cap exempt for the 2015 lottery in this scenario?

2) If I am cap exempt, can I assume that I can file for H4 - H1 transfer.(just COS using previous H1). 

3) How many days does it take for the COS.

4) If COS is approved,  for how many years will my H1 valid?

 

Please let me know at the earliest..Thanks..

Link to comment

Hi jairichi,

 

Thanks a lot for your earliest reply.

 

I want to be little clear regarding the 6 year period.

 

When I was in US, I got selected in H1 lottery in 2008 which was valid till 2011(3yrs). 

In 2011, I applied for H1 extension and got approval which was valid till 2014(3 yrs).

In the same year 2011, I came back to India.(could not work the second 3 year period).

 

Now I got H4 stamped(on Dec 2014)  and planning to go US.

Please let me know :

1) Will I be cap exempt for the 2015 lottery in this scenario?

2) If I am cap exempt, can I assume that I can file for H4 - H1 transfer.(just COS using previous H1). 

3) How many days does it take for the COS.

4) If COS is approved,  for how many years will my H1 valid?

 

Please let me know at the earliest..Thanks..

 

1. You have the option to be cap exempt or cap subject. If employer files cap exempt H1B petition then you are eligible for remaining period from your 1st H1B in 2008. If employer files a cap subject H1B petition you are eligible for 6 years.

2. Refer 1. If you would like to cap exempt route then a cap exempt H1B petition can be filed anytime by an employer.

3. 3 to 4 months by regular processing and 15 calendar days by premium processing.

4. Depends on whether it is filed as cap exempt or cap subject. Cap exempt = 6 years - time spent in US with previous H1B. Cap subject = 6 years.

Link to comment

Archived

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