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Hi, while I am changing H1B to H4 (not approved yet), I get a job offer, so need to change it back to H1B.
My questions are:
(1) can I apply for my new H1B while my H1B to H4 is in process? If so, is it possible that my H1B get approved firstly, and then H4 get approved? Will it change my status to H4 again? This is not what I want. How to prevent this happen?
(2) To speed up the process, can I go back to my home country and get H4 or H1B stamp? If I go back to my home country, will USCIS consider my H1B to H4 application has been abandoned or do I need to cancel it by myself? I have a valid H1B stamp to November of 2014, but I am not sure whether I can use it even if I have changed a employer. Is it getting H4 faster than getting H1B stamp? Because I only need to get my husband's H1B documents as supporting documents; while for H1B, I need to wait for the new employer file H1B for me and get the new I797 document. I have a two-year old daughter to take care of , so do not want to stay at my home country for a long time. I prefer to wait in USA.
Thanks in advance for you replying or suggestions!
Dan
My questions are:
(1) can I apply for my new H1B while my H1B to H4 is in process? If so, is it possible that my H1B get approved firstly, and then H4 get approved? Will it change my status to H4 again? This is not what I want. How to prevent this happen?
(2) To speed up the process, can I go back to my home country and get H4 or H1B stamp? If I go back to my home country, will USCIS consider my H1B to H4 application has been abandoned or do I need to cancel it by myself? I have a valid H1B stamp to November of 2014, but I am not sure whether I can use it even if I have changed a employer. Is it getting H4 faster than getting H1B stamp? Because I only need to get my husband's H1B documents as supporting documents; while for H1B, I need to wait for the new employer file H1B for me and get the new I797 document. I have a two-year old daughter to take care of , so do not want to stay at my home country for a long time. I prefer to wait in USA.
Thanks in advance for you replying or suggestions!
Dan
