Hi, I recently got laid off from my job while on H-1B and my 60 day grace period has started. I am also pregnant with my first baby, due in about 3 months. Husband is on H-1B as well. I am thinking of taking a break for the next 6 months so I can bond with the baby and apply for COS to H4. But I’d like to resume working after that. Is it possible to again apply for COS from H4 to H-1B once I get a job? If yes, how long does it take? My H-1B is valid until 2025. I am a software engineer with 3 yoe. TIA. #workvisa #h1b #layoff #softwareengineer
It's possible. What's your situation with I140? Get an H4 EAD, so that you can start working while on H4 itself. You'd need to find an employer down the line that would sponsor your H1B. If you don't have I140, you might need to go through lottery again. I'm obviously not a lawyer and this is not legal advice.
I think, you can get COS from h4 -> h1b, if you had a previous h1b where you didn't use up all 6 years. Check with lawyer to be sure.
Agree with this comment. If you didn't use all 6 years of first H1B and also happen to have approve I140, you won't have to apply for H1 lottery. You can either choose to work on H4-ead or your next employer can apply H1 application which works like H1 transfer (15 days processing time) for you. You can get this verified through lawyer though as everyone's case could be different.
I don’t have an approved I140. What happens in this case?
Since you are pregnant If you or husband has approved I-140 you can get an EAD under compelling circumstances. — Not a legal advice but talk to a good lawyer like Murthy.
Yes it is possible. I did that when I had my baby. Then after 2 years I got an offer then they applied H1B using previous H1B approval. Basically it is a CoS from H4 to H1B. If you have approved I140 then you will get 3 year extension every time. If you don't have an approved I 140, then the new H1B will be remaining time from 6 year
Thank you. That helps! I don’t have an approved I140 though hope that doesn’t cause an issue
You will be fine. When I applied CoS after the break I also didn't have approved I140. I used 2 years of my H1B . So in CoS I got three year. Then next extension I got 1 year. Later my employer applied perm and I140 and it was approved. So taking a break from work and change to H4 is not a problem.
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H1s can be renewed indefinitely until you get a GC. If you COS to H4, you cannot COS back to H1 later on. You will need a new H1. That means new petition, lottery, etc.