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H4 to H1 COS with approved 140 from old employer

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  • H4 to H1 COS with approved 140 from old employer

    Hi,

    I was working with a well known company for years, and my GC was initiated as well. I got my I-140 approved from my old employer.
    I had to go on H4 visa and became a dependent on my wife's H1b. She is still working in US.

    I have the following questions:

    1) Can I get my status changed back to H1 from H4 based on my old 140? I have found a project. But this is with a new employer
    2) Since I am on H4 and don't have paystubs, will I face any issue during COS?
    3) Is there anything specific needed if the above process can go through? Like in case of H1 transfer you need current H1 copy etc..

  • #2
    H4 to H1 COS with approved 140 from old employer

    Have you completed your six years max-out in H1? If not, you can utilize the remaining period of that.

    2. No, as long as you are not out of status when you convert from H1 to H4

    3. Yes, You would need your latest h1 approved petition copy and I 94.

    This is my opinion.

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