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Will my H1 petition be valid?

Discussion in 'Immigration Matters' started by padma09, Jul 16, 2010.

  1. padma09

    padma09 New IL'ite

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    Hi,

    I am currently on H1 extension and my H1 extension petition is valid till Mar 2012. I have a small baby and I have asked for long leave for 6 months to look after him. My company wants me to convert to H4 and then go on leave.

    The question that I have is, after 6 months, how do I start working? Will my existing H1 petition be valid? Or do I have to apply for another H1 altogether?

    Padma
     
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  2. kinjal

    kinjal Bronze IL'ite

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    your current h1b will be valid as long as you maintain legal status in usa.
    if you are not working right now then you can change your status to h4 and whenever you are ready for work you can find employer who are ready to file change of trasfer for you. At that time it will be change of status from h4 to h1.
     
  3. padma09

    padma09 New IL'ite

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    Thanks Kinjal! It is so relieving to know that there is some light at the end of the tunnel.

    This is my understanding:
    If we come to US on H4, we need to find an employer who can apply for H1.

    But if we change status from H1 to H4 and if there is valid H1 petition, then we need to find an employer who can change status from H4 to H1. Is it easier to find such an employer for IT professional?

    Padma
     
  4. SreeSri

    SreeSri Gold IL'ite

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    Your understanding is correct. But no one can answer your question on easily finding an employer, its just getting a job.

    As per the law, you can work on H1 a maximum of 6 years (with or without breaks in between) but you must maintain the legal status at any time(Ex: you entered into US on H4, later got H1, worked for some time on H1, moved to H4, moved to H1 so on and so forth. You can count the total time on H1, it must be max 3 years(without extension), 6 years (with extension))
     
    Last edited: Jul 20, 2010
  5. padma09

    padma09 New IL'ite

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    Thanks SreeSri. Thanks for the information on how to count the stay in H1. This info is really useful for me.

    Padma.
     
  6. SreeSri

    SreeSri Gold IL'ite

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    The correct term to know more about it is Visa Time capturing
     

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