H1 to H4

[sundarvarad]

Hi

My spouse is currently on H1 extension and her H1 extension petition is valid till Mar 2012. She is planning to take long leave for 6 months for personal reasons. Her Employerwants her to convert to H4 and then go on leave.

The question that I have is, after 6 months, how can she start working? Will her existing H1 petition be valid? Or does she have to apply for another H1 altogether?

[sk4ih]

To work on H1, she either has to enter US on H1 visa, or apply for CoS from H4 to H1 within US.

[sundarvarad]

Deos that mean she can use the current H1 visa and apply for change of status???

If she goes to back to India - Does she have to apply new H1 Visa (assuming she is with the same employer)

[sk4ih]

-Yes, if H1 (petition) still valid.

- yes, if she doesn't have visa stamped in passport.

[sundarvarad]

Thanks for your reply. To rephrase my last question

If my wife gets H4 visa and assuming she goes to India and come backto US in H4, will her original H1 petition will still be valid? Can she apply COS from H4 to H1?

[sk4ih]

Yes, if the petition is not expired and the employer doesn't revoke it by that time.

[kabkaba]

Step 1 - File COS (I-539) for H1 to H4 as soon as she stops working, assuming you are maintaining H1 status.
Step 2 - Two options,
a - Leave US, get H1 visa (or use existing if not expired), re-enter by showing latest valid petition approval notice. Start working after entering with new H1 I-94.
b - File H1 COS through employer and after approval start working.

Visa is what is in your passport.
Petition is what is filed by your employer.
Status is what you have while in the US as per your I-94.