H1-H4 Conversion

[krsh]

Dear friends,

My wife got her h1b visa recently. She is planning to work for six months and then take a break.

Can she convert to h4 visa status after six months?

What are her chances if she plans to work after a couple of years? Can she change her status to h1 again?

What is the cost of the application to change visa status? Can an individual file for status change or the employer should file for it?

Any help on this is greatly appreciated.

[raghvi]

Dear friends,

My wife got her h1b visa recently. She is planning to work for six months and then take a break.

Can she convert to h4 visa status after six months?

What are her chances if she plans to work after a couple of years? Can she change her status to h1 again?

What is the cost of the application to change visa status? Can an individual file for status change or the employer should file for it?

Any help on this is greatly appreciated.

Yes she can apply on her own through form i%39 to convert from H4 to H1. Post application receipt of H4 to H1 COS she should not work.

As long as she doesn't exhaust her 6 Years on H1, she can later on - within 6 Years of her last H1 status date - she can change her status back to H1 but this time her employer has to file a i539 and i129 (petition for an immigrant worker) - advisable to start work only after the petition is approved as a COS.

Cost of application is typically $290 for i539 and $325 for I129 . Plus legal fees if you are using an attorney.

This is my opinion not legal advice.

[krsh]

Yes she can apply on her own through form i%39 to convert from H4 to H1. Post application receipt of H4 to H1 COS she should not work.

As long as she doesn't exhaust her 6 Years on H1, she can later on - within 6 Years of her last H1 status date - she can change her status back to H1 but this time her employer has to file a i539 and i129 (petition for an immigrant worker) - advisable to start work only after the petition is approved as a COS.

Cost of application is typically $290 for i539 and $325 for I129 . Plus legal fees if you are using an attorney.

This is my opinion not legal advice.

Raghvi,

Thanks a lot for the reply.

Are you saying she can apply for h1 to h4 conversion through form i539 herself?

I understand that an employer should file a i129 to change status back to h1. Does it fall under the h1b quota for that fiscal year?

[raghvi]

Raghvi,

Thanks a lot for the reply.

Are you saying she can apply for h1 to h4 conversion through form i539 herself?

I understand that an employer should file a i129 to change status back to h1. Does it fall under the h1b quota for that fiscal year?

Yes if she wants she can do H1 to h4 by herself, of course if there any contractual employment binding with the employer she should consult the employer before doing so.

No she wouldnt fall under H1 Cap for that year as she is already cap counted. Once cap counted you need not be part of cap for next 6 years.

This is my opinion not legal advice.