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Backlog Processing Center Labor processing for those who applied before Mar 28

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  #1 (permalink)  
Old 07-09-2006, 10:28 PM
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Eveready has a spectacular aura about Eveready has a spectacular aura about
Default H1B to H4 and then back to H1B-URGENT

My wife has been on H1B for about 3 years and may have to go on H4 (on my H1B) for some time since we changed location and she is not getting a job immediately. Now when she does get a job which confirms to her existing workpermit type (teacher in this case) does she have to apply for a new H1B and wait for OCT2007 for it to happen or can she get one any time.

Last edited by Eveready; 07-10-2006 at 06:21 AM.
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  #2 (permalink)  
Old 07-10-2006, 01:33 AM
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pdx_Soft_Eng is on a distinguished road
Default Double check it with a lawyer but

as far as I know, since she had H1B already with her previous company, she can get a new H1B right now. She doesn't have to wait for Oct 2007. However, the time she spent on H4 is also used against her H1B time since H1 and H4 are both H visas and everybody gets 6 years in total. You should use this info at yor own risk. Double check with a lawyer. Maybe other members can confirm my response as well...
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  #3 (permalink)  
Old 07-10-2006, 12:31 PM
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Default new H1

she has to get a new H1 and will count against the cap so she has to wait. also time spent on h4 will count towards 6 year total.
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  #4 (permalink)  
Old 07-10-2006, 06:57 PM
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Default i am not sure too

I am in the same suitation my wife wants to stay home for few years, currently she is on H1B and we are planning to convert to H4 . Why does one have to wait for a new H1B since she already had a H1B can't she get H1B any time without having to wait for the quota to open ?
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  #5 (permalink)  
Old 07-10-2006, 10:37 PM
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Eveready has a spectacular aura about Eveready has a spectacular aura about
Default

Well i just sent a message to my lawyer and this is the reply i received.

"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."

Pls comment
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  #6 (permalink)  
Old 07-11-2006, 08:54 AM
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alien2006 is on a distinguished road
Default

Quote:
Originally Posted by Eveready
Well i just sent a message to my lawyer and this is the reply i received.

"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."

Pls comment
Yes your lawyer is correct. You count towards the cap only once.

On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.
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  #7 (permalink)  
Old 07-11-2006, 09:08 AM
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Default No Need

I have been in the same situation where I had switched from a H1 to H4 and when I got a job the lawyer just applied for the H1 as it was counted. ( I really believed I needed a new one) . I got it approved. So she is fine with just a transfer.
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  #8 (permalink)  
Old 07-11-2006, 06:25 PM
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Default

Thanks syed your post has been a great help.
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  #9 (permalink)  
Old 07-11-2006, 11:02 PM
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san752000 is on a distinguished road
Default

Your wife should NOT have any problems if she is still in her 6 years of her first H1B. My wife had the same case and she got her H1B in 15 days and it was NOT counted against the quota.
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  #10 (permalink)  
Old 08-04-2006, 05:36 PM
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Default

Where you get it???
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  #11 (permalink)  
Old 02-24-2009, 05:36 PM
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alpa is on a distinguished road
Default Few questions related to H1/ H4

I have few questions regarding the visa and green card process.


1. Which documents are required to convert H1 to H4 while being in USA?

2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?

3. What happens to my green card process if I convert to H4? I have my I-140 approved.

4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

Thanks and Regards,
Alpa
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  #12 (permalink)  
Old 03-05-2009, 06:10 PM
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Default

Please see my reply in red.

Quote:
Originally Posted by alpa View Post
I have few questions regarding the visa and green card process.


1. Which documents are required to convert H1 to H4 while being in USA?

Ans : Pay-stubs and form I-539

2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?

Ans: Yes, no pre-conditions

3. What happens to my green card process if I convert to H4? I have my I-140 approved.

Ans : It's upto your employer if he keeps your I-140 alive then your GC process is good. You can use your PD in future if you want to re-start your GC

4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
Thanks and Regards,
Alpa

Last edited by MDix; 03-05-2009 at 06:13 PM. Reason: edit
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  #13 (permalink)  
Old 05-04-2009, 01:06 PM
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maharshijb is on a distinguished road
Default Can I start working upon filing for transfer?

I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..


Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
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  #14 (permalink)  
Old 05-04-2009, 03:19 PM
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Default

Quote:
Originally Posted by maharshijb View Post
I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..


Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.
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  #15 (permalink)  
Old 05-04-2009, 04:33 PM
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Default

Quote:
4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
My wife's status was changed from h1 to h4, however her h1 is expiring in Oct'09. Lets suppose she gets a job offer in Feb'10, does she have to apply for a fresh h1 or can she convert to H1 on which she was working earlier? My question is how long will she not be counted against the quota?

Also, can any new employer file for her H1 or does it have to be a employer who has held her H1 previously?

Last edited by kpkrind; 05-05-2009 at 08:20 AM.
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