H1B Revoked

[mitgajjar]

I was on H1B from 2008 to 2010.After that I changed my status to H4.Now I want to do job and want to get H1B.My H1B was valid till September 2011.

Can I use my H1B?Can I reuse it?

[krishmunn]

Once you changed to H4 you got a new I-94 and your H1 is gone. If you have a job with the same employer AND your H1 petition is still valid, you can go out of US, get a H1 visa and enter using the H1 visa (if you already have a valid H1 visa, you can use that as well to enter US) . During entry you will get a new I-94 saying H1.

Alternately, the employer can file a new H1 (it is NOT subject to quota) and you can work once that is approved

[mitgajjar]

Thanks Krishmunn

Now my employer is changed.

For FYI my previous H1bis already expired.Itwas valid till Sep 2011.So I think I can not reuse.

For this year, H1 quota is full, then also can I apply for H1B with this new employer?

Thanks.

[GCWORRIES]

mitgajjar:

Every H1 is valid for a total of 6 years, which is usually split into 2 cycles, depending on how your employer applies I 129 with an assigned start and end date.

In your case you changed your status to H4, so effectively your H1 clock/time stops at this point.

Do the math! from the start of your H1 until your change of status was approved and reflected on your H4 approval document that includes a I 94. (The H4 - I 94 number will be the same as the one that you got with the H1 approval or when you entered the country at POE. )

Now from the actual date of your approval of change of status to H4, how many months/years did you spend on H1? subtract that from 6 years..

For eg: Assume that your H1 was valid for 3 years, at the completion of 2 years you changed status to H4, this stops the H1 clock. Now you have actually spent 2 years on H1, therefore you will still have 4 years of H1 still available. The new employer will now use this information, last approved H1 (with the start date on the day when you entered the country on H1 - (validated with the first pay check) not on the date your visa was stamped)) and approval date of H4. They will calculate the remainder of H1 period and apply for a new H1, which will be the continuation of the earlier H1 time period to a total of 4 years. You are not subject to the H1 quota, since you were already counted under the quota when your earlier H1 was approved. Only remember this that at the the time of 5th year, you will have to apply for a GC and have at least I 140 approved, if labor is pending; then USCIS will allow you to extend H1 in 1 year increments. If I 140 is approved, then H1 will be extended for 3 year increments until the I 485 is approved. The new H1 will have the same I 94 number as the one of the H4.

However, one thing, if you have to travel then your return back will require a H1 visa stamping, you can change status in USA from H1 to H4, but to stamp the VISA you have to travel to home country and then apply visa again. But if you are AOS and have an AP, then visa is not required to re-enter. As long as you don't travel outside USA you can still keep the I 94 until its expiration and repeat the cycle. However, please be aware that you only have a full 6 years on H1 available one time, hence if you again re-change back to H4 at a future date, the H1 clock stops. This can happen until your 6 years on H1 are up.

Hope this clarifies!