H1-H4-H1 Conversion

[ramya_ramya]

Hi,

 

I had valid H1B till April 2016 with I94 expiry date 18-Aug-2015.

Since I was on  bench and no project,to maintain my legal status  after I94 expiry, I was asked to apply H4 visa  by my employer and they would to switch to H1B once I get a project.

 

Below are my queries :

1. H4 is applied on 19-Aug, but not yet approved. Meanwhile if I get a new project and want to transfer back to  H1B is it possible while H4 is yet to be approved?

2. Since I have valid H1B till 2016, if I go toIndia  and come back will my H1B get extended  (while H4 is in process,will applied H4 get cancelled)?

 

Regards,

Ramya

 

 

[jairichi]

You are out of status from the time employer stopped paying your salary. If employer did not pay your salary you need to file a complaint with DOL.

1. If you are out of status at the time of COS to H4 petition filing then COS will be denied. Yes, employer can file a COS to H1B but if you are out of status COS will be denied even when H1B petition is approved.

2. Yes.

[ramya_ramya]

Thanks for response.

Sorry for not being clear . My status in US should  be legal as I was paid salary by my employer when on H1B  and as soon as I94 expired (next day) I have  also shifted the status to H4.

Now if I want to transfer to H1B when H4 application is still pending, considering that H1 gets approved (through premium processing ) and later the pending H4 gets approved will the status change to H4 again (as per latest approval)?

Could you please let me know the process when 2 visa are in process simulatneoulsy ? Will one visa status conflict with other?

[jairichi]

Thanks for response.

Sorry for not being clear . My status in US should  be legal as I was paid salary by my employer when on H1B  and as soon as I94 expired (next day) I have  also shifted the status to H4.

Now if I want to transfer to H1B when H4 application is still pending, considering that H1 gets approved (through premium processing ) and later the pending H4 gets approved will the status change to H4 again (as per latest approval)?

Could you please let me know the process when 2 visa are in process simulatneoulsy ? Will one visa status conflict with other?

Best solution is once your COS to H1B is approved request USCIS for withdrawal of your COS to H4 petition. If you do not withdraw COS to H4 petition and later COS to H4 is approved you will move back to H4 status.