H1 to H4 to H1 back

[new2nyc 0]

Hi all,

I have a query regarding my H1 (in 6th year) which is expiring in March 2014.

Came to US: March 2008

6 year ending: March 2014

Never been outside US in H1 period.

I found a consultant who is ready to apply my GC and started the process. My labor will be filed around Jul-1-2013.

But my H1 cannot be extended after March 2014. So, the option that we have come up with is: I will go on H4 (my husband is on H1 which is valid till another 3 years) for 6 months after GC filing. And come back on H1 and recouping whatever my leftover time on H1. After finishing my H1, they can apply for extension.

SO, what I am trying to do is:

(just for number sake)

Labor file date: Jul-1-2013

Change of status (from H1 to H4 for 6 months): Aug-1-2013 (8 months still left on H1 at this time)

Change of status (from H4 to H1): Feb-1-2014 (This should atleast get me 8 months i.e. 30-Sep-2014)

Now, my question is: After 30-Sep-2014 can I extend my H1 on the basis of my Labor File date of Jul-1-2013?

Any help would be really appreciated!

Thanks.

[Harsh_77 718]

Hi all,

I have a query regarding my H1 (in 6th year) which is expiring in March 2014.

Came to US: March 2008

6 year ending: March 2014

Never been outside US in H1 period.

I found a consultant who is ready to apply my GC and started the process. My labor will be filed around Jul-1-2013.

But my H1 cannot be extended after March 2014. So, the option that we have come up with is: I will go on H4 (my husband is on H1 which is valid till another 3 years) for 6 months after GC filing. And come back on H1 and recouping whatever my leftover time on H1. After finishing my H1, they can apply for extension.

SO, what I am trying to do is:

(just for number sake)

Labor file date: Jul-1-2013

Change of status (from H1 to H4 for 6 months): Aug-1-2013 (8 months still left on H1 at this time)

Change of status (from H4 to H1): Feb-1-2014 (This should atleast get me 8 months i.e. 30-Sep-2014)

Now, my question is: After 30-Sep-2014 can I extend my H1 on the basis of my Labor File date of Jul-1-2013?

Any help would be really appreciated!

Thanks.

Check with your company lawyer, not sure your approach would work.

As far as I know once you go on H4 you are no longer employed with the employer and hence they have no reason to file for your GC.

[LanaMay 5]

I had similar situation.We had to to recapture my vocation time abroad in order to file H1 extension.

After you change status for H4 your H1 is done.There is no way to get back on that same H1 again.

The way I see it you have three options.

1.Have the GC process started ,transfer to H4 when your H1 runs out,wait for GC while on H4. However if you are 3rd preference like I am it is 6 years.And unless your husband starts GC process for himself you will not be able to extend his H1 for more than 3 years he has left.Than you both have to leave US and wait abroad.

2.Since you will have to be on H4 anyway why not start process for him instead.

3.Theoretically if you leave US now,come back in 6 months,file to recapture time spent abroad and have it approved than you will have enough time.But in order for it to work everything needs to go without a hitch with advertisement and certification.Your employer needs to be OK with you leaving for 6 months and agree to cover cost of GC process,recapturing time and than shortly 3 year extension.By the way extension is same price and process as recapturing.

Another thing I would suggest, have your VISA stamped right away.I can see how if you want it stamped after few monts abroad it may get complicated to explain your situation.Hypothetically, if the reason of your extended leave became known it might be considered tricking the system)))

[LanaMay 5]

Check with your company lawyer, not sure your approach would work.

As far as I know once you go on H4 you are no longer employed with the employer and hence they have no reason to file for your GC.

Yes ,company lawyer required to handle this not consultant OP found.

However,OP is not required to be employed by company.She can leave and wait for her priority date abroad or being on any other legal status in US.The difficulty is this ridiculous backlog and fact that not many employers will pay a ton of money upfront and than wait for years to get a worker.There is also a question will position still be unoccupied when priority date comes.

[new2nyc 0]

Hi everyone,

Thanks for your response earlier. Its been sometime now and there are some changes to my situation, I really need urgent HELP/ Suggestions to proceed further....

As I have mentioned my situation earlier, the updates are as:

- My H1b will expire in Mar-2014

- I am with employer A, but employer B filed my PERM in Oct-2013, which got rejected.

Now, can you please suggest:

1) Which is feasible option:

- Going to India and applying H4 from there?

- OR, applying COS from H1 to H4 within US?

Which is much faster and can help us save the remaining 2 months on my H1?

2) Is there any other scenario that can help us save my remaining 2 months on H1, like:

If I apply for H4 in feb (from US) and resign. Will my H1 time still continue until I get H4?

3) We are planning to reapply for PERM through a different employer. Is this option possible after getting rejection on PERM 1st time? Are there any chances that the new PERM petition can get approved?

We are trying to save the remaining 2 months on H1, so that we can recapture it to extend my H1, if my PERM and 140 gets approved (assuming that we find some employer/ consultant) to file it.

Please reply....your help is really appreciated!

Thanks!