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H1b to H4 and then back to H1b

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  • H1b to H4 and then back to H1b

    Hi,
    Is it possible for me to transfer from H1b visa to H-4 and then work on H-4 Ead since my wife has an approved I-140 and if I wanted to get back to H1-B again will that be possible?

    if so what would be possible is there a limit where i could be on H-4 and I couldnt get back to my old H-1b ?


    Please let me know

    Thanks

  • #2
    Originally posted by hemanthray View Post
    Hi,
    Is it possible for me to transfer from H1b visa to H-4 and then work on H-4 Ead since my wife has an approved I-140 and if I wanted to get back to H1-B again will that be possible?

    if so what would be possible is there a limit where i could be on H-4 and I couldnt get back to my old H-1b ?


    Please let me know

    Thanks
    It is possible, but you got to factor in the time taken too. It can take upto 6 Months for H1 to H4 to be approved, and then further 90 days for EAD approval and till this process is completed you cannot move back to H1. Yes, you can possibly speed up the H1 to H4 by leaving US, going for H4 stamping and returning on H4 visa.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks for the update.

      Is it possible that I can apply for H4 and H4 EAD at the same time? The question here is my current client wants me to take me full time but they dont do any sponsorship EAD would be fine. I have my priority date for April 2014 and I would want to get into H4 EAD and then get back to H-1 B if needed.

      Please let me know if I could get this.

      Comment


      • #4
        Originally posted by hemanthray View Post
        Thanks for the update.

        Is it possible that I can apply for H4 and H4 EAD at the same time?
        Please let me know if I could get this.
        Can I tack on a question in an identical situation, meaning can H1 to H4 be accompanied by I765 ?
        For H1 to H4 are any additional documents required other than I-539, spouse's H1 approval, and marriage certificate ?

        Thanks for any inputs.

        Comment


        • #5
          The answer remains the same. What you are planning is doable, but if done without travelling out of US, it can take upto 9 Months for one to get EAD in hand.

          This is my opinion not legal advice.

          Comment


          • #6
            Originally posted by raghvi View Post
            The answer remains the same. What you are planning is doable, but if done without travelling out of US, it can take upto 9 Months for one to get EAD in hand.

            This is my opinion not legal advice.
            Thanks

            Comment

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