H1b to H4 question

[div_2905]

Hi All,

 

I'm currently on h1b and planning to convert to h4,

Can I e-file the COS I-539 ?

 

Thanks

[Jai2014]

I have similar question  (which covers part of my scenario)

 

I am on H1 B Visa with current extension in Progress. This is my last extension in 6 year period. I am expected to get one year and 3 months. In this case, where my petition is not approved I want to covert H1 B to  H4 (my spouse is on H1 B) and travel outside country to get H4 approval since I don't want to consume all my H1 B days.

 

After H4 approval and arrival to US , if I get employer with new job offer - I need to convert from H4 to H1

(please note that I will not have approved h1 b extension at that time and due to "material change" my employer would have notified USCIS / Labor)

 

Can anyone guide me through H4 to H1 Process (since I will be eligible within one year period of existing H1 B).

if I submit all my previous 1-797 documents - will I still eligible for H4 to H1 or  should I wait for Sep 2016 to finish one year period in  H4 status and apply for new H1 B lottery?

 

Thanks In Advance

[jairichi]

Hi All,

 

I'm currently on h1b and planning to convert to h4,

Can I e-file the COS I-539 ?

 

Thanks

Is there a provision to e-file?

[jairichi]

I have similar question  (which covers part of my scenario)

 

I am on H1 B Visa with current extension in Progress. This is my last extension in 6 year period. I am expected to get one year and 3 months. In this case, where my petition is not approved I want to covert H1 B to  H4 (my spouse is on H1 B) and travel outside country to get H4 approval since I don't want to consume all my H1 B days.

 

After H4 approval and arrival to US , if I get employer with new job offer - I need to convert from H4 to H1

(please note that I will not have approved h1 b extension at that time and due to "material change" my employer would have notified USCIS / Labor)

 

Can anyone guide me through H4 to H1 Process (since I will be eligible within one year period of existing H1 B).

if I submit all my previous 1-797 documents - will I still eligible for H4 to H1 or  should I wait for Sep 2016 to finish one year period in  H4 status and apply for new H1 B lottery?

 

Thanks In Advance

To get fresh 6 years on H1B a cap subject H1B petition has to be filed after you stayed outside US for 365 days. Being on H4 in US will not help you to apply for a fresh cap subject H1B petition.