H1B to H4 urgent....

[fremonter_ca]

Hi,

I came to US in H4 and changed my status to H1B in oct 2005.

Now My employer is not having any project and asking me to join when the project is ready.

How long can I wait in H1B without joining the company.

Can I convert back to H4. What is the last date to file for H4 if the H1B starting date is Oct 1st 2005.(when I'll be out of status)

Kindly reply for my querries

Thanks in advance,
Smriti.

[veena_swsh]

Hi Smriti,
Every period you are on a H1B and are not being employed and paid, you are considered out of status. There is no such last date for reconverting to H4. You will have to explain why you were not employed/paid by the h1b employer in case you happen to go for stamping outside US.

[fremonter_ca]

Thanks Veena for the reply.........

Did you ever hear like even if after converting back to H4 still I am eligible for a change of status to H1B for the valid period(I got an H1 for 3 years)...
Smriti.

[fremonter_ca]

Hi,

My H4 visa is valid till march 2006.Now I got an H1 from Oct 1st.
Is my H4 is still valid....Even if I am out of status due to my H1(without pay),
will I be having my H4 status till march 2006
Thanks in advance,
Smriti

[veena_swsh]

Hi Smrithi,
Thats not possible. You need to re-convert from H1B to H4 if you want to maintain H4 status.

[fremonter_ca]

Thanks for the advise,
Smriti