Immigration Issues/H1 to H4 to H1

Advertisement


Question
My wife is currently on her 4th year H1B.

1)If she transfers to H4 and gets another job offer say 6 months later, does she come under the H1B quota?

2) Would these 6 months on H4 count toward her 6 years for H1B?

3) If she doesn't go on a H4, how long would she have (to maintain legal status) to go on another H1B after quitting her current job?

Thanks

Answer
Samir,
1.  No
2.  No
3.  Technically, if her H1 employment ends she is out of status.  However, if she loses her job, she should either file for H4 or find a new one quickly and file for a new H1 asap as a very brief laps could be overlooked.  
Good luck
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Mark Ashley

Expertise

Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

©2016 About.com. All rights reserved.