Immigration Issues/H4->H1->H4->H1

Advertisement


Question
Hi Arora,

I need your help regarding my COS.

I came to US on H4 visa in May 2006.I converted to H1 on Nov 2006 and my approval was valid until sep 2009.
Now I got my H1 extension approval on Oct 1 2009 and is valid till Nov 2012.

I want to convert to H4 as my employer is unable to find a job and also I need to visit India.I dont want to risk H1
stamping with out my current job.


Can you clarify in both scenarios, which one is suggestable and risks between A and B.

A) with out cos to h4 and going to india -> after going to india convert to H4 And attend H4 stamping.
B) with cos to h4 and going to india -> after going to india attend h4 stamping.



And I do have plans to convert back to H1 when i come back to US and get a job offer.

Thanks a lot in advance,

Kumar

Answer
Hi,

Either scenario is fine. You can depart now and apply directly at a U.S. Consulate in India for H4 visa stamp. The Consulate can ask for evidence that you maintained H1B status while you were in the U.S., so you should be ready to submit recent pay stubs and W2.

Alternatively, you can apply to USCIS for change of status (COS) to H4 (be ready to attach recent pay stubs with the COS application), wait for approval, and then apply at a U.S. Consulate for H4 visa stamp. As you are probably aware, when granted COS you are not required to depart the U.S. However, if you depart the U.S. for any reason, then you require H4 visa stamp to enter the U.S. if the purpose of your next entry is to be in H4 status.

You can always change status back from H4 to H1B through the employer filing an H1B petition with the USCIS. You will not be subject to the visa cap.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.