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  • h4-h1-h4-h1

    I came to USA in h4 on jan 2007 and got my h1b in oct 2007-oct 2010.i worked from May 2008 to Nov 2008.i have no proj and filled change of status from h1 to h4 and got the approval in feb 2009.I got stamped h4 visa in Apr 2009 during my visit to India and i am in h4 till today.

    The market is good now and i am getting some openings now.Do i use the same h1 approval (2007-2013) 6 years by applying cos from h4 to h1 or i should file for new h1 cap?

    Thank you in advance

  • #2
    You can use the same CAP from your previous petition. Once approved, you can immediately start working and no need to wait until Oct 1st. If you go for a new CAP, then you can start working only from Oct 1st and also you will waste a CAP that can be useful to someone else.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      do i need to file 539 for changing status??

      Comment


      • #4
        You cannot do anything with the H1B petition. Only an employer can file the COS/extension using form I-129. You need a valid job to file form I-129.

        Originally posted by saksas View Post
        do i need to file 539 for changing status??
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Hi,

          Am bit confused on this conversation, but am in same situation, so wanted some more clarity.

          A person was in H1 and got converted to H4. Now if the person wants to work once again, i was under the impression that the only way one can do that is to apply for fresh H1. But when i see above conversation, looks like there is a way to use the old H1 itself.

          Not sure if i understood correctly. Can someone explain?

          Thanks.

          Comment


          • #6
            Go through the previous replies one more time. There is a difference between using the old petition and using the CAP from the old petition. Each CAP is valid for 6 years. Whenever form I-129 is filed for Change of status or Extension or Transfer, it is nothing but a new petition using the same CAP. The only difference here is the person doesn't have to go through the quota again (new H1B petition under a new CAP) and wait until Oct to start working.

            Originally posted by Needhelp_18 View Post
            Hi,

            Am bit confused on this conversation, but am in same situation, so wanted some more clarity.

            A person was in H1 and got converted to H4. Now if the person wants to work once again, i was under the impression that the only way one can do that is to apply for fresh H1. But when i see above conversation, looks like there is a way to use the old H1 itself.

            Not sure if i understood correctly. Can someone explain?

            Thanks.
            Last edited by shervin143; 05-03-2011, 01:12 PM.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Hi,

              Thanks for the response.

              Am in india now and my H1 is valid till 2014. since my company is not able to find a job in US, am planning to join my husband by converting to H4(my hubby is working in US on H1).

              So once i come to US on H4, can i reactive my old H1?

              After coming to US on H4 visa, Can i apply for jobs in Dice? and If i clear one of the interviews(lets say), what shd i ask my employer(owner of job posting) to do? What he will do and how long it will take before i can actually start working(legally with valid H1)?

              Thanks.
              Last edited by Needhelp_18; 05-03-2011, 01:21 PM.

              Comment


              • #8
                Once you find a job, the employer will need to file a change of status from H4 to H1B using the CAP from your previous H1B approval notice (Give your new employer a copy of your previous H1B approval notice and ask them to use the same CAP number). Once the petition gets approved, you can start working for the H1B sponsor as of the effective date mentioned in the petition. You cannot work until the petition gets approved or before the H1B effective date.

                The normal processing time is 2-4 months. There is a premium process that will get you the result within 15 days for an additional $1250.



                Originally posted by Needhelp_18 View Post
                Hi,

                Thanks for the response.

                Am in india now and my H1 is valid till 2014. since my company is not able to find a job in US, am planning to join my husband by converting to H4(my hubby is working in US on H1).

                So once i come to US on H4, can i reactive my old H1?

                Can i apply for jobs in Dice? and If i clear one of the interviews(lets say), what shd i ask my employer to do? What he will do and how long it will take before i can actually start working(legally with valid H1)?

                Thanks.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment

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