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H1 to H4 and back to H1- very urgent, pls advice by lawyer

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  • H1 to H4 and back to H1- very urgent, pls advice by lawyer

    Hi ,I came to US on H4 visa ( my husband is on H1) .Then i got h1b visa in 2006 and started working in october but im laid off from my job last week. My company said that they will keep my visa valid until jan 7, 2008 but im going to India on dec 8 2007 and coming back on dec 31 2007. My passport has H4 visa stamped which has expired in August 2007 .My questions are:-
    1) Should i apply for H4 right now before going to India or Can i just go out of US (to India) and then while coming back i get new H4 stamped on my passport?
    2) Is it safe to come back on my H1 as it will be valid until jan 7 , 2008 as per by my employer ?
    3) If i choose to come back on H4 , and after coming back i find a job , how long will it take to transfer from H4 to H1 ? Is it as simple as H1 transfer or will it be a fresh H1 case which will be subjected to queue ?
    Last edited by simsmadaan; 11-25-2007, 12:22 AM. Reason: Information changed

  • #2
    1) You may need to file I-539. Read section 7 on page #3 of this form instruction.
    2) It may get complicated if immigration officer at US point of entry ask you to provide any proof that shows you still working with current employer.
    3) It depends how soon you find employer to sponsor you on H1B again. Try to go for H1B transfer than fresh H1B petition.

    *This is not a legal advice. Please consult your immigration attorney for legal advice.

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    • #3
      In response to your advice

      Thanks a lot for your response. I m trying to find a job before i leave for India (before dec 8 ) but in case i dont find any, i will come back on h4 and start applying again . If a consulting company agrees to sponsor me h1b on premium processing , will i be able to get approval reciept within 2-3 weeks ?

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