Myself and my wife we both are working in US on H-1B. But due to my kid born, my wife is currently on maternity leave. We are thinking of moving her to H-4 dependent visa.
1. When do I need to apply for Cos to H4 dependent visa( before her last working day in office).
2. Whether the time in H4, her h1 will be paused and later on used for adding towards H1 extension.
3. After 1 year break, whether she can come back on H1 ( her petition is still valid till June 2018).
4. If we go to India, whether she has to come on H4 dependent visa stamping.
5. How easy is for her company to do COS from H4 to H1 Visa.
Imagine if she is joining office in Jan, when do we need to inform her employer that she needs cOS from H4 to H1.
6. Whether the same petiton will be valid ( if she is on H4) ( her petition is valid till June 2018).
7. Her company is applying her PERM, Whether PERM will remain active while she is on H4.
8. While my employer is applying her COS from H1 to H4 and it is pending, Whether I can change jobs.
1. As soon as she has decided on her last day.
4. It depends on whether or not she wants to enter the US on H-1 or H-4
5. No more hard than when they did the original petition
6. Possibly, talk to the company's attorney and NOT a NON-ATTORNEY in HR
7. Yes, the PERM process is not connected to the H
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
9. What is the one reason you are not working with the company's attorney on your case?
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
3. if she has an employer
5. Not difficult but they are not obligated to do it
6.no, if I understand your question, her H-4 will be valid
7.It can, she should check with her employer
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