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H1-H4-H1 after 6th year

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  • H1-H4-H1 after 6th year

    Hello, I am on H1B and my 6 year term will expire in May 2013. Perm was filed in Jan, but chances of Perm and I-140 getting approved before May is low. My employer asked me to convert to H4(as my wife is on H1) or leave the country and come back on H4 before my Visa expires. Say if I leave the country 10 days before the 6 year completion date and come back in H4, can I apply for a COS from H4-H1 as soon as my I140 gets approved? Do I need to be on H4 for any specific duration for converting to H1(I read somewhere that USCIS may consider this as fraud if one changes from H4 to H1 immediately after landing in US on H4). Pls advise.
    Last edited by firosek; 03-05-2013, 09:12 PM.

  • #2
    H1-H4-H1 after 6th year

    Pls help..