Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

h4 to H1 to H4 and maybe back to H1- Pls urgent

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • h4 to H1 to H4 and maybe back to H1- Pls urgent

    I have a situation
    I was on h4 got h1 in 2008 and changed to h1. I have paystub for the latest month(apr) .My employer says he has no more job and wants me to go back to h4.

    From my search I understand the I can file 1-539 cos and go to h4. I also want to take break for next 6 months(that will be till oct) and work again.

    Is it tru that that I need to show the paystub if try to change back to h1 from h4.Can I show the April stub?

    If I go out of the country and apply for h4 and come in as h4 is it same as filing thru i-539 from inside country?

    If I did my h4 like this can I later change to h1 without being going thru the cap ?

    Do I have to wait till april to apply for the new H1? What if my orginial h1b was revoked when I was in H4?

    Can I start working immediatlely under new H1 or do I have to wait till it get approved?

    I know it is lot questions .. but please help me

  • #2
    I have a situation
    I was on h4 got h1 in 2008 and changed to h1. I have paystub for the latest month(apr) .My employer says he has no more job and wants me to go back to h4.

    From my search I understand the I can file 1-539 cos and go to h4.

    --- Correct.

    I also want to take break for next 6 months(that will be till oct) and work again.

    Is it tru that that I need to show the paystub if try to change back to h1 from h4.Can I show the April stub?

    --- If you want to move from H4 to H1B in October, I do not believe that you need paystub(s). You need to prove that you were on H4 status.


    If I go out of the country and apply for h4 and come in as h4 is it same as filing thru i-539 from inside country?

    --- Going for H4 visa stamping falls under "Consular Processing" while filing I-539 and moving to H4 status in the US falls under "Change of Status" classification. Although the intent in your case is the same, with Consular Processing, you get a new H4 stamp on your passport based on the principal applicant's valid H1B petition.


    If I did my h4 like this can I later change to h1 without being going thru the cap ?

    --- Yes.

    Do I have to wait till april to apply for the new H1? What if my orginial h1b was revoked when I was in H4?

    --- Irrespective of your H1B revocation or anything, when you return to your H1B status, it will not fall under the cap. And it can be filed anytime of the year.


    Can I start working immediatlely under new H1 or do I have to wait till it get approved?

    --- You have to wait for approval to start working.

    I know it is lot questions .. but please help me

    Hope this helps. Seniors, please correct if there is an error.
    Thanks
    Rajesh

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X