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H4 to H1 with out cap

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  • H4 to H1 with out cap

    Hello


    Me and my wife are on H1 now. My GC is under process and I have I140 approved and got H1 extension for 3 more years till 2018.
    Now if I go to India and attend visa interview and if something goes wrong (denied or admin processing), Can I come to US as H4 to my wife's H1 and then apply for changes of status back to H1? What would happen to my I140 and GC processing ?


    TIA

  • #2
    Originally posted by jonnasn View Post
    Hello


    Me and my wife are on H1 now. My GC is under process and I have I140 approved and got H1 extension for 3 more years till 2018.
    Now if I go to India and attend visa interview and if something goes wrong (denied or admin processing), Can I come to US as H4 to my wife's H1 and then apply for changes of status back to H1? What would happen to my I140 and GC processing ?


    TIA
    Yes possible to move back to H4 as long as spouse is maintaining valid H1 status. As for moving back to H1 and GC processing it would go on as long as I140 is not revoked.

    This is my opinion not legal advice.

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