我到其他地方找到的一些帖子. 或許有幫助

回答: I mean even after you apply for H4.TX_Kitty2006-08-16 13:35:25

197811-22-2004, 08:15 AM
What is the name of your state? North Carolina

Hi

I have been working here on H1B. I am plannig to have a change of status to H4 and move to Washington state to stay with my hu*****and as my job ends in december. I have following queries

1. My H1B pettition is valid till april 2006. Is it possible to change status to H1B again from H4 in case I find a new job?

2. Do my employer need to file a new pettition altogether if I get a job. If same pettion remains valid, is it possible to file for H1B transfer anytime before the pettition expires.

Regards

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ImmigAttyLana11-22-2004, 09:56 AM
Yes, it would be possible for you to switch back to H-1B if you were to find a job and were then in H-4 status. The employer would have to file a new petition on your behalf in order to change your status from H-4 back to H-1B.

Please let me know if you have any additional quesitons or if I may be of further assistance to you in this matter.

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197811-22-2004, 11:23 AM
Yes, it would be possible for you to switch back to H-1B if you were to find a job and were then in H-4 status. The employer would have to file a new petition on your behalf in order to change your status from H-4 back to H-1B.

Please let me know if you have any additional quesitons or if I may be of further assistance to you in this matter.

Thanks Lana!
That means once in H4 status my H1B pettition will be invalid and new employer will have to file a fresh application. Please let me know if my understanding is correct.

Also pls let me know if I am on leave and convert my H1B to H4. If my current employer finds a project for me, do they need to file a new application again.

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ImmigAttyLana11-22-2004, 11:49 AM
YES and YES. If you have changed your status from H-1B to H-4 then in order to avail yourself of the H-1B status again, it needs to be changed back to H-1B from H-4. The way to do this is through the filing of a new H-1B petition, regardless of who the employer may be.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

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197811-22-2004, 12:27 PM
YES and YES. If you have changed your status from H-1B to H-4 then in order to avail yourself of the H-1B status again, it needs to be changed back to H-1B from H-4. The way to do this is through the filing of a new H-1B petition, regardless of who the employer may be.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

Thanks lana

Filing new pettition will be affected by H1B cap?

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ImmigAttyLana11-22-2004, 12:39 PM
No, because you will have already been counted in the cap in the last 6 years.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

Lana
Immigration Attorney

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