Converting from H1 to H4.

[Mickey123]

Hi,

I am currently on H1 with company A which is valid until 2016, my last day with Company A is end of this month. My wife is on H1 with another company and so my question is in order to stay in status I have two options.

1) Find for a job before end of this month to transfer my H1 to the new company. If this happens will I be able to start the job before the H1 is approved, I mean if I have the USCIS receipt number can I start working?

2) Convert into H4 as a dependent on my wife. So for this how soon should I be applying for the H4 to legally stay in US? Can we directly apply for H4 or my wife's employer should be filing for that? If Company A revokes my H1 exactly on the end of this month and if I have applied the H4 before the end of the month but still not received the approval of H4 can I legally stay in US?

Thank you!

[Nattybone]

Hello, Mickey.

My personal opinion. I am not a professional.

1) You find another H1B sponsor and file for a transfer petition before the end of the month. You are good to work with the new employer while the H1 transfer decision is awaited.

2) Yes, again. You can file for H4 and pending the decision on H4 petition, you are ok to stay in US. Ofcourse, this needs to happen before H1 status goes off.

3) You could also try for F1 visa. If you are interested, that is.

These are my personal thoughts.

Hope this helps.

Wishing you luck.

Cheers,

Hi,

I am currently on H1 with company A which is valid until 2016, my last day with Company A is end of this month. My wife is on H1 with another company and so my question is in order to stay in status I have two options.

1) Find for a job before end of this month to transfer my H1 to the new company. If this happens will I be able to start the job before the H1 is approved, I mean if I have the USCIS receipt number can I start working?

2) Convert into H4 as a dependent on my wife. So for this how soon should I be applying for the H4 to legally stay in US? Can we directly apply for H4 or my wife's employer should be filing for that? If Company A revokes my H1 exactly on the end of this month and if I have applied the H4 before the end of the month but still not received the approval of H4 can I legally stay in US?

Thank you!

[Mickey123]

Hello, Mickey.

My personal opinion. I am not a professional.

1) You find another H1B sponsor and file for a transfer petition before the end of the month. You are good to work with the new employer while the H1 transfer decision is awaited.

2) Yes, again. You can file for H4 and pending the decision on H4 petition, you are ok to stay in US. Ofcourse, this needs to happen before H1 status goes off.

3) You could also try for F1 visa. If you are interested, that is.

These are my personal thoughts.

Hope this helps.

Wishing you luck.

Cheers,

Hi Natty,

Thank you! for your quick response. Can we directly file for a H1 to H4 transfer or will my wife's employer need to file the transfer?

[Nattybone]

Hello, Mickey.

I am sorry, but i am not sure on who should file it. I personally feel, you are allowed to file for H4 linking it up with the H1. Please do take another opinion, as i do not know this for sure.

I hope this helps.

Personal Opinion.

Wishing you luck.

Cheers,

Hi Natty,

Thank you! for your quick response. Can we directly file for a H1 to H4 transfer or will my wife's employer need to file the transfer?