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H1 to H4 to H1

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  • H1 to H4 to H1

    Hi,

    I am currently on H1, planning to resign with last day as Aug 8th. Husband's company will file for my H4 COS effective Aug 8th. My questions are:

    1) Suppose I get a job close to Aug 8th, and new employer will be able to file H1 only after Aug 8th, should I still go ahead with my H4 filing on Aug 8th and then whenever new employer is ready, he will file H1?

    2) Should there be some minimum gap between H4 COS status filing and new H1 filing? like can H4 COS be filed on 8th and H1 on 10th??

    3) Or If new employer files for H1 on Aug 7th, one day before my last day with old company and I join new company on Aug 15th, am I on valid status between Aug 8 and Aug 15?

    Would appreciate your inputs. Thank you!

  • #2
    Either H1 or H4 applications must be received by USCIS (receipt date) before your last day at work. Your status is determined by the last action taken by USCIS.
    This is my opinion and not legal advice.

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