H1 to H4

[grajsaxena]

My H1B was approved on 26th Nov'13 however I was not able to work due to some medical conditions and I applied leave for a month.

Now my employer doesn't have a project that I can work on.

Question: Can I apply for H4 with reference to my spouse's H1? Can I stay in US while H4 is in progress?

Once H4 is approved, Can I apply for H1 again if I get a job since it will be cap exempt?

How much time does it take from H4 to H1?

Can I work with the employer after filing the H1 or does it needs to be approved?



Thanks in advance

[raghvi]

My H1B was approved on 26th Nov'13 however I was not able to work due to some medical conditions and I applied leave for a month.

Now my employer doesn't have a project that I can work on.

Question: Can I apply for H4 with reference to my spouse's H1? Can I stay in US while H4 is in progress?

Once H4 is approved, Can I apply for H1 again if I get a job since it will be cap exempt?

How much time does it take from H4 to H1?

Can I work with the employer after filing the H1 or does it needs to be approved?



Thanks in advance

If leave was for genuine medical reasons (A medical condition that is documented by a licensed medical doctor) with proof of the same then you may still be in status otherwise you are technically out of status. Once you are out of status it wouldn't be possible to apply a COS (Change of Status) to H4 in your case. Talk to an immigration attorney to determine if your medical condition indeed prevented you from work and can be used to convince USCIS regarding your non availability of pay during this period.

This is my opinion not legal advice.