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  • H1 to H4 and back to H1

    Hi all,

    I have a query regarding my H1 (in 6th year) which is expiring in March 2014.

    Came to US: March 2008
    6 year ending: March 2014
    Never been outside US in H1 period.

    I found a consultant who is ready to apply my GC and started the process. My labor will be filed around Jul-1-2013.
    But my H1 cannot be extended after March 2014. This consultant has suggested me to go on H4 (my husband is on H1 which is valid till another 3 years) for 6 months after GC filing. And come back on H1 and recouping whatever my leftover time on H1. After finishing my H1, they can apply for extension.

    SO, what I am trying to do is:
    (just for number sake)
    Labor file date: Jul-1-2013
    Change of status (from H1 to H4 for 6 months): Aug-1-2013 (8 months still left on H1 at this time)
    Change of status (from H4 to H1): Feb-1-2014 (This should atleast get me 8 months i.e. 30-Sep-2014)

    Now, my question is: After 30-Sep-2014 can I extend my H1 on the basis of my Labor File date of Jul-1-2013?

    Any help would be really appreciated!

    Thanks.

  • #2
    Originally posted by new2nyc View Post
    Hi all,

    I have a query regarding my H1 (in 6th year) which is expiring in March 2014.

    Came to US: March 2008
    6 year ending: March 2014
    Never been outside US in H1 period.

    I found a consultant who is ready to apply my GC and started the process. My labor will be filed around Jul-1-2013.
    But my H1 cannot be extended after March 2014. This consultant has suggested me to go on H4 (my husband is on H1 which is valid till another 3 years) for 6 months after GC filing. And come back on H1 and recouping whatever my leftover time on H1. After finishing my H1, they can apply for extension.

    SO, what I am trying to do is:
    (just for number sake)
    Labor file date: Jul-1-2013
    Change of status (from H1 to H4 for 6 months): Aug-1-2013 (8 months still left on H1 at this time)
    Change of status (from H4 to H1): Feb-1-2014 (This should atleast get me 8 months i.e. 30-Sep-2014)

    Now, my question is: After 30-Sep-2014 can I extend my H1 on the basis of my Labor File date of Jul-1-2013?
    .
    Difficult question, I suggest you contact an experience immigration attorney for this.

    Comment


    • #3
      H1-to-H4-to-H1 -- Urgent help needed!

      Hi everyone,

      Thanks for your response earlier. Its been sometime now and there are some changes to my situation, I really need urgent HELP/ Suggestions to proceed further....
      As I have mentioned my situation earlier, the updates are as:
      - My H1b will expire in Mar-2014
      - I am with employer A, but employer B filed my PERM in Oct-2013, which got rejected.

      Now, can you please suggest:
      1) Which is feasible option:
      - Going to India and applying H4 from there?
      - OR, applying COS from H1 to H4 within US?
      Which is much faster and can help us save the remaining 2 months on my H1?

      2) Is there any other scenario that can help us save my remaining 2 months on H1, like:
      If I apply for H4 in feb (from US) and resign. Will my H1 time still continue until I get H4?

      3) We are planning to reapply for PERM through a different employer. Is this option possible after getting rejection on PERM 1st time? Are there any chances that the new PERM

      petition can get approved?

      We are trying to save the remaining 2 months on H1, so that we can recapture it to extend my H1, if my PERM and 140 gets approved (assuming that we find some employer/

      consultant) to file it.

      Please reply....your help is really appreciated!

      Thanks!

      Comment

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