Currently on H1, start-up might close, possible options?

New
whistler7

New

whistler7
Dec 20, 2019 7 Comments

Hi,

Professional:
I am a software engineer with 3+ years of experience. This is my first year into H1B. Uncertainty is high in the air. People leaving and colleagues not sure about what might happen next. No clear exit strategy yet.

Personal:
My wife is on H1B and her I-140 is approved.

I am preparing for the worst case by studying and keeping up with the current trends. But just to understand what options are I have I am asking the following questions.

1. If I get to a stage where I need to change my Visa status from H1 to H4, do I need to leave the country? And get in back with the new Visa? Or is it okay to apply and get it transitioned here?
2. Let's say I get a job while I am on H4 EAD. Do I have to re-enter the H1 lottery cycle? How do I transition back to independent H1?

Thanks.

#H1 #H1B #H4

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TOP 7 Comments
  • You don’t need to leave the country for H1 to H4 conversion. You can apply while you are still in the US. Just as an FYI- the process of conversion and H4 EAD approval is taking about 6-7 months. If you anticipate being on an H4 in the future apply while you are still on an H1. Once you have an H1 you don’t need to re-enter the lottery as long as you apply for it within 6 years. Also, do you already have an approved I-140?
    Dec 20, 2019 5
    • New
      whistler7

      New

      whistler7
      OP
      If I may ask 1 more question. If the process of transitioning from H1 to H4 takes 6-7 months then on what status will I be in US until that gets approved?
      Dec 20, 2019
    • Having a pending COS does not invalidate your existing status. If your H-1 status does not expire, then you will just keep H-1 status until the COS is approved. If your H-1 status expires while the COS is pending, then for a while, you will have no status - but it's legal to remain in the US while waiting for the COS to be adjudicated.
      Dec 21, 2019
  • New
    itBz70

    New

    itBz70
    There are h1b related groups in fb and trackitt website where you can clear doubts. Also on avvo and Murthy websites you can pay like $35 and get your Qs cleared from professional lawyers
    Dec 21, 2019 0