H1 to H4 COS

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I am on H-1B have to take break for few months due to personal reason. My husband is on H1-B full time with a well know bank. I have decided to convert to H-4 by going to India and getting H-4 stamped.

- Are there any risk of getting H-4 denied ? My husband has strong papers and employment history however i was on bench for few moths but was getting paid by my employer.

-can i transfer to H-1 again in future ? I have only been on H1 for year. My H1 was ending in Sept 2015. Can I come back on H-4 and stay on H-4 for year and then apply for COS to H-1 next year.

- What is usual timeline for changing status from H-4 to H1. is there any option of premium processing?

[hariomhari]

H1 to H4 COS

yes you can. recapture is possible in H1b. your reminder period of h1b will be used anytime in future. take rest and recapture later.H4 will not harm your chances of coming back on H1b. you can move to H4 now and later come back on h1.

[raghvi]

I agree, but the complication comes when people want to move back to H1 even before their original H1 to H4 was approved. H1 to H4 cannot be premium processed hence can sometimes take months to approve.

This is my opinion not legal advice.