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Layoff H1b->H4->H1b

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  • Layoff H1b->H4->H1b

    I am on H1B with Employer A and was laid off recently. To maintain my legal status I am planning to immediately convert my status to H4. My question is
    1)In case I get a job in future, will be able to transfer from H4 to H1b as a change of status without leaving US?
    2) Will the new H1b be subject to cap ie should I wait till the next April to file for it, even if I remain in H4 without working for more than a year?
    3)In furture If I apply for H4 to H1B change of status can I start working immediately as soon as I get the Fedex receipt from USCIS that they received my change of status application or do I have to wait till my change of status from H4 to H1B is approved?
    4)Is this kind of a H4-H1b a risky process or a straightforward common process?

    Thank you

  • #2
    I am on H1B with Employer A and was laid off recently. To maintain my legal status I am planning to immediately convert my status to H4. My question is
    1)In case I get a job in future, will be able to transfer from H4 to H1b as a change of status without leaving US?

    ---- Yes

    2) Will the new H1b be subject to cap ie should I wait till the next April to file for it, even if I remain in H4 without working for more than a year?

    ---- No the period left on your H1b can be utilized

    3)In furture If I apply for H4 to H1B change of status can I start working immediately as soon as I get the Fedex receipt from USCIS that they received my change of status application or do I have to wait till my change of status from H4 to H1B is approved?

    ---- You have to wait thill the H4 to H1 COS is approved and cannot start working on the Fedes receipt alone

    4)Is this kind of a H4-H1b a risky process or a straightforward common process?

    ---- That depends on your application, your employer's credentials and if there are any RFE's they should be answered

    Subramanya

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    • #3
      Can work when applied for Change of Status from H1 to H4 Visa

      My wife is on H1 & applied to H4 i.e. change of status. It is expected to take about 3-6 months for the same, Now currently she got an contract/assignment to work for next 3 months, SO would like to ask

      1) since she applied for change for status can she still go ahead & work for the assignment with the same employer till we get the decision for Change of Status.

      2) After she gets the confirmation for Change of status from H1 to H4 .. can she work for a week as a notice period & then do the H1 Transfer from H4 to H1. if so, can she work for the period during the Transfer from H4 to H1.

      3) In case if the change of status goes for RFE ..Can she still continue to work with the company?

      Thanks & Regards
      Clad
      Last edited by Clad; 04-20-2009, 01:42 PM. Reason: Correction

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