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  1. #1

    Default H1 to H4 transfer & then back to H1

    Hello All , I have a question regarding H1 visa. Suppose I have H1 (of validity 2 years) visa & I want to take a break due to some reason and go back on dependent visa H4 for 6months. Is it possible to come back on H1 again or I have to under go the same process of approaching consultants to file for my visa ?
    I might sound little confusing but I am currently in a sticky situation where in I am not able to decide my future move. Kindly help if anyone have some useful information.

  2. #2
    Join Date
    May 2009
    Posts
    10,053

    Default

    You cannot work when you are in H4 status. If you want to work again, then either the current employer or any new employer will need to file a new H1B petition using the CAP from your existing H1B approval notice as a COS from H4 to H1B. You cannot work until the COS gets approved (Meaning: until the H1B petition gets approved with a new I-94, you cannot work). Alternatively, you can leave the country and return back in H1B visa and valid H1B petition and start working immediately. In this case, you can work only for the employer whose petition is shown at the POE to get the I-94.
    Not a legal advice. Use of this information is strictly at your own risk.

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