Hi ,
i have a valid h1 visa now with an Indian MNC and i want it to convert it to H4 .I would be resigning my job . And the H1 visa is with that employer only now .
Here my questions goes :
Will my H1 get cancelled /invalid ?
How and who should do the H1 to H4 conversion?
Can i convert back the H4 to H1 later? If so who should be initating that change of status ?
Kindly advice.
Your H1 will get cancelled with current employer.
Instead of H4 conversion, you can ask your spouse’s employer to apply for H4.
Yes, your new employer should initiate it.
Hi Lionking. Thanks for the reply. I have a further question.
3. Yes, your new employer should initiate it.
>> this will be new H1 and not the current H1 rt?And it will come in the regular quota?
This will be cap-exempt if your original H1 was within 6 yrs. else it will be regular/cap
Before i resign should I get the H4 applied and approved ?
Is the H1 to H4 COS is different from my spouse’s employer applying the H4?
H4 will go from the spouse’s employer. H4 is tied with H1.
Your employer is not involved in this.
Yes . I understand that . Question here I have is : shldnt I have the H4 approved or filed before my h1 gets cancelled when i resign ? I e When should my spouse employer need to do the H4 and when should I stop working? Can i stay in US or should i go out of country?
They are independent I believe. You can stay in the US when your H4 is in process… Check with your attorney!