You are here:

Immigration Issues/H1B to H4 transfer back to H1B

Advertisement


Question
Hello - I came to the US in May 2009 on H-4 visa. I got my H-1B approved in July 2009 and got my I-797 along with the approval (which included the I-94).
I have not started work with the company that filed for the H-1B and I am currently looking for another employer. If my job search takes more than 2 to 3 months from now, then in the interim is it advisable to go back to an H-4 status ?
If yes, then whenever I have a valid job offer, is it possible to change the status back to H-1B immediately or will I have to wait  for next April 2010 to apply for H-1b and Oct 2010 for it to get effective?

Answer
Hi,

You are automatically in H1B status as of October 01, 2009. However, you are violating H1B status by not being employed by the H1B employer. Thus, my recommendation is for you to either change status to H4 immediately by filing an application to change status to H4, or else be ready to depart the U.S. and then enter the U.S. on unexpired H4 visa stamp.

If you find another employer in the future willing to file an H1B petition for you, there will be no problem in changing status from H4 to H1B, as 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.