H1B to H4 to H1B

[Hari0327]

Hi,

Could someone please advise me on the below.

I am with company A as a fulltime employee and same company A holds my H1-B visa (which is about to complete 6 years length on December 2016) and recently my company told my end date which is on June 30th 2015 and for that my company had offered me with good severance package. If I need to be in the status I need to find a job and start on July 1st to benifit the severance package as well. To be safer side would like to have a backup plan?

 

1) My wife is on H1-B visa with a different company, can I convert to H4? if so how much time before should I file the application as my end date is on June 30th and how long the processing time for this.

 

2) If my H4 is approved and later if I find a job, can I again convert back to H1-B from H4?

does this need to go through the regular H1-B yearly cap?

 

Could you please advise if H1B to H4 to H1B possible.

 

Thanks

Hari

 

 

 

 

[jairichi]

1. A COS to H4 has to be filed before your last date at work. Takes 3 to 4 months but currently taking more than that.

2. Yes, an employer can file a cap exempt H1B petition anytime and you get 6 years - time spent in US on H1B.

[JoeF]

A COS to H4 would have to be filed before the last day at work.

Since you have used the full 6 years of H1, you can NOT get a new H1 until you have been outside the US for at least one year. Then a new H1 can be filed in the quota.

[jairichi]

A COS to H4 would have to be filed before the last day at work.

Since you have used the full 6 years of H1, you can NOT get a new H1 until you have been outside the US for at least one year. Then a new H1 can be filed in the quota.

JoeF, OP's employer has given June 2015 as end date of employment even though the max 6 years on H1B is reached on Dec 2016. So, OP will be cap exempt for future H1B petition.

[Hari0327]

Thank you Jai and Joe. Could you please also advise on the below.

 

3. After converting into H4 from H1B does the period of stay on H4 counts into the time remaining on the previously held H1B or its starts from the day we re-apply the H1B again?

 

4. If my current company revokes my H1B after June 30, 2015, Will new employer can file a cap exempt H1B petition later.

 

Thanks again.

Hari.

 

[jairichi]

Thank you Jai and Joe. Could you please also advise on the below.

 

3. After converting into H4 from H1B does the period of stay on H4 counts into the time remaining on the previously held H1B or its starts from the day we re-apply the H1B again?

 

4. If my current company revokes my H1B after June 30, 2015, Will new employer can file a cap exempt H1B petition later.

 

Thanks again.

Hari.

3. Duration of stay on H4 does not count towards H1B stay limit.

2. Yes.

[JoeF]

JoeF, OP's employer has given June 2015 as end date of employment even though the max 6 years on H1B is reached on Dec 2016. So, OP will be cap exempt for future H1B petition.

 

It is unlikely that a new employer would file an H1 petition if the person can only work there for 1/2 year.

[jairichi]

It is unlikely that a new employer would file an H1 petition if the person can only work there for 1/2 year.

No, it is 1.5 years. 6 years completion is Dec 2016 and last date of current employment June 2015.

[JoeF]

No, it is 1.5 years. 6 years completion is Dec 2016 and last date of current employment June 2015.

Oh, ok. I misread that as Dec. 2015.

[Hari0327]

Thanks Jai/Joe,

In the situation, if my COS petition for H4 is in process with USCIS (pending approval) and during this time can I accept the job offer from a company that is willing to do my H1-B transfer? or do I need to wait until I get approval for H4.

 

Thanks

Hari

[jairichi]

Thanks Jai/Joe,

In the situation, if my COS petition for H4 is in process with USCIS (pending approval) and during this time can I accept the job offer from a company that is willing to do my H1-B transfer? or do I need to wait until I get approval for H4.

 

Thanks

Hari

You can join employer after H1B approval and you can request USCIS for withdrawal of COS to H4 petition.