Refilling H1b after gap and working on H4 EAD

USA H1B Visa
1

I had used 3 years of H1b few years back while working with employer A and then shifted to H4 and joined different employer B on H4EAD basis. So can I file H1B this year with employer B with whom I am working now without going through lottery?

2

You should be able to file H1B transfer without lottery.

3

Thanks Anil, so after H4 EAD expiry, can I start working with the employer based on this H1B receipt or I need to wait for approval to come.

4
5

That is very useful article. But in my scenario do I need to get new H1B approval(New employer filling it as Change of employer) before my current H4 status expiry and then file change of status(from H4 to H1) to start working? Or approval of H1B itself is changing my status from H4 to H1?
Is other option possible in which employer can ask the start date of new H1B from next day of H4 expiry, get the approval before H4 expires and I can be on H1 status from the next day of H4 expiry?

6

Hi @KDinUSA

Your employer can request a specific H1B start date.

7

Got it, thanks for confirming. While submitting resume with H1B application, for past H1B experience, do we need to mention end client name and duration or the employer’s name and duration of employment?

8

My H1B application is submitted. But the result may not come before I94 expiry. So can you please answer 2 question:

  1. Can I continue my stay after I94 expiry using COS(H4 to H1) receipt?
  2. If the H4 to H1 COS comes as denial after my I94 expiry, can I file H4 extension based on spouse H1 and do I need to mention reason for applying H4 extension after I94 expiry?
9

You can stay in the USA while your H1B COS is pending.

If H1B is denied after i94 expiry, your status will immediately change to ‘unlawful presence’. You cannot file any new application (like H4) with this status.

You will need to leave the US and then return with a new visa.

10

Thanks Anil. So to maintain my status I have a backup option to file my H4 extension along-with my spouse H1 extension which will be filed next week. My spouse H1 extension will also have our child’s H4 extension. If I decide to do that, what is the best way I can file that H4 extension so that if my H4 to H1 COS is approved before my I94 expiry I can withdraw this H4 extension without impacting our child’s H4 extension based on my spouse’s H1 extension.