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H4 to H1 COS

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  • H4 to H1 COS

    Thanks so much for all the valuable inputs/opinions by the viewers. Your suggestion on the below concern is invaluable.

    I am currently working on H1 and my wife is with me on H4.
    We are trying to find an employer for ‘H4 to H1 COS’. Unfortunately, she needs to travel back to India on Feb’15 and can only be back in Jun’15. I have the following assumptions..

    Employer can initiate H4 to H1 in the first week of Apr’15, even if she’s not in the USA during that week.
    She can enter the USA in Jun’15 on H4.
    If her COS gets approved, she can start to work from Oct’15. And when she goes back to India(let’s say in Jan’16), she should go for stamping.
    And in anywhere we are not abandoning the COS process.

    Please let me know if I am going wrong somewhere. If there are anyways to better handle the situation(travelling during initiating the H4 to H1 process). Thanks again.

  • #2
    Originally posted by manuv313 View Post
    Thanks so much for all the valuable inputs/opinions by the viewers. Your suggestion on the below concern is invaluable.

    I am currently working on H1 and my wife is with me on H4.
    We are trying to find an employer for ‘H4 to H1 COS’. Unfortunately, she needs to travel back to India on Feb’15 and can only be back in Jun’15. I have the following assumptions..

    Employer can initiate H4 to H1 in the first week of Apr’15, even if she’s not in the USA during that week.
    She can enter the USA in Jun’15 on H4.
    If her COS gets approved, she can start to work from Oct’15. And when she goes back to India(let’s say in Jan’16), she should go for stamping.
    And in anywhere we are not abandoning the COS process.

    Please let me know if I am going wrong somewhere. If there are anyways to better handle the situation(travelling during initiating the H4 to H1 process). Thanks again.
    The problem is your spouse's future employer cannot apply a COS fro your spouse while she is out of US.

    This is my opinion not legal advice.

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