H1 to H4 and back to H1

[user1123]

Hi,

I am in a tough situation and would truly appreciate any help I can get to understand my options.

I am on H1B right now which is set to expire on May 16th 2014. I recently got to know that my current employer is unable to extend my contract further. I am trying to get myself another job but in case I am unable to find one by then, can I change my status from H1 to H4 and continue to look for a job? Lets say I dont find another job until Jan 2015, so will I be able to apply for an H1 at that time? Will the 2015 H1 be cap counted? if it is not cap counted, will I need to wait until Oct 2015 to change my status from h4 to h1?

[raghvi]

Hi,

I am in a tough situation and would truly appreciate any help I can get to understand my options.

I am on H1B right now which is set to expire on May 16th 2014. I recently got to know that my current employer is unable to extend my contract further. I am trying to get myself another job but in case I am unable to find one by then, can I change my status from H1 to H4 and continue to look for a job? Lets say I dont find another job until Jan 2015, so will I be able to apply for an H1 at that time? Will the 2015 H1 be cap counted? if it is not cap counted, will I need to wait until Oct 2015 to change my status from h4 to h1?

Assuming you havent completed entire 6 Years on H1.

You should file H1 to H4 before your current last working day/I-94 expiry in order to continue to be in status.

It is possible to file H1 to H4 and back to H1 but you got to plan the timings. H1 to H4 can sometimes take few Months, during that time you cannot transfer to H1 without first getting H1 to H4 approved in the first place.

Here are some similar situations which discuss this:

http://www.immihelp.com/forum/showthread.php/119928-H1B-to-H4-to-H1B/page2

http://www.immihelp.com/forum/showthread.php/122769-H1-H4-H1-while-H4-approval-notic-still-pending

As for not being able to find job till Jan 2015 and being cap exempt, you are cap exempt for 6 Years from the time you are last on H1 status so in your case , if your last working day is May 2014, then you would be cap exempt till May 2020.

This is my opinion not legal advice.