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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default H1B to H4 or H1 Transfer

    I travelled to Us in 2006 I got H1b Approval in Nov 2008 and I got my SSN in Jan 2009. But I have not got the stamping done. I could not get a project till May 2009. So i returned to India. My Husband is on H1 working US. When I I applied I didnt know that I can work as a teacher on H1B. I am actually interested in working on school.
    1. What better for me to transfer my H1 to H4, go to US and then change to H1 with the school?( I dont have any paystubs from Jan - may2009)

    or

    Can I get my H1B transfered from India to the school which is ready to sponsor me with out pay stubs?

    2. If I transfer to H4 how long does it take to transfer back to H1, Is there any specified period for which I have to stay in H4 after transferring?

    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1B to H4 or H1 Transfer

    You say you're out of status on your H1B, so you can't transfer it. If you want to enter on an H1B or later adjust from H1 to H1B you'll have to find a sponsoring employer and have them apply for a new H1B for you. From your description, I assume your first employer was not cap-exempt, so you've already been counted against the cap.

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