H1 - H4 - H1 ( H1 with same employer) - Urgent

[kurpt1@gmail.com]

Hi,

I'm currently working for company A on H1B visa and i have validity till August 2016. My project is ending on July 30th and i may have to go back to India on July 30th.

 

I will be getting project in around september/October 2015 and would be coming back to US with same company A

 

My husband is also on H1B with Employer B and currently he is moving to Company A (Same company as mine) and his H1 transfer is in progress. 

 

Now, my questions is,

(1) instead of going back to India, can i convert my status from H1 to H4 and to H1?

(2) If i move to H4, and since my husband H1 transfer with Company A is in progress, should we apply H4 with company A ?

(3) If i move to H4, can i change my status back to H1 again with same employer? Do we have any implications doing this?

(4) Should i go for stamping again if i convert from H1 -  H4 - H1

(5) When i convert back from H4 to H1, what will be the process? ( H1 is with same company A)

 

Appreciate if you can reply me soon on this. 

 

Thanks

Priya

 

 

 

 

[jairichi]

1. Yes.

2. Yes.

3. Yes, employer can file a COS to H1B petition provided you have not exhausted 6 years stay on H1B.

4. If approved with I94 you do not need to go for stamping.

5. Employer files COS to H1B and on approval you can join employer.

[pontevecchio]

1. Yes.

2. H4 is not company based. You can file for COS from H1 to H4 based on his pending transfer.

3. Yes. He will file and get a H1 petition approved.

4. It depends.

5. see 3.