Convert to H4 after H1B max out

[pradeep06]

My H1 maxout's on 8/31 and my PD is 4/25. I'm planning to take the H1>H4>H1 route. In this situation, I'll be filing for H4 COS this week, it takes about 3 months for the approval which will be afer 8/31. Can I continue to stay in US post 8/31 until my H4 approval comes as I'll be neither in H1 nor H4 during that period (In Transit). Also will there be any issue when I apply for H1 xtn once my I140 is approved although I've maxed out on my H1?

[raghvi]

My H1 maxout's on 8/31 and my PD is 4/25. I'm planning to take the H1>H4>H1 route. In this situation, I'll be filing for H4 COS this week, it takes about 3 months for the approval which will be afer 8/31. Can I continue to stay in US post 8/31 until my H4 approval comes as I'll be neither in H1 nor H4 during that period (In Transit). Also will there be any issue when I apply for H1 xtn once my I140 is approved although I've maxed out on my H1?

I would not suggest you max out your H1. If you max it out then you cant apply for its extension based upon I140 approval. Keep a few weeks time on it preferably a Month. Apply H1 to H4 a Month before H1 maxing out and stop working.

If you max out your H1, you would have to be part of fresh cap and as you would not have stayed out of US for an entire year you wouldn't be eligible for next year's cap.

This is my opinion not legal advice.

[pradeep06]

I'm planning to stop working from first week of Aug and my COS will be filed in a week, so I will be In Transit from Aug first week, would that still count against my H1?

I would not suggest you max out your H1. If you max it out then you cant apply for its extension based upon I140 approval. Keep a few weeks time on it preferably a Month. Apply H1 to H4 a Month before H1 maxing out and stop working.

If you max out your H1, you would have to be part of fresh cap and as you would not have stayed out of US for an entire year you wouldn't be eligible for next year's cap.

This is my opinion not legal advice.

[raghvi]

I believe if you mention the date of moving to H4 on the I539 then the same would be counted.

This is my opinion not legal advice.

[gaut90]

Hi Pradeep,


How are you.

I'm in the similar situation.

My H1-b visa's 6yrs term is expiring on 12th Dec 2020.My Perm Process was started on Jan 2020, After my LCA and PWD(Prevailing Wage Determination) was completed by August, My Perm Process was started and is now in pending status. If I dont receive an approval before my max out period i.e. 12th Dec 2020 , Do I need to go back to India wait for the status to be approved, apply for H1b extension and come back to usa after getting my stamping done ?



Additionally Can I stay on H4 in USA and work remotely in the same company's offshore India team until status is approved, apply for H1b extension and then shift back from H4 to H1 ?


Could you please provide me your input