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H4 to H1

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  • H4 to H1

    Hello All,

    I have entered US through ABC Company on a H1 Visa. Currently i am on H1 Extension and is valid till Sep,2017. My Son is on H4 Status under my H1 Visa.
    My Husband is also on H1 Visa and is in different state working for XYZ Company. I want to relocate to his place on H4, and my current project ends in Oct. I would be resigning from ABC Company after my project ends.

    Can i file/transfer my H1 to H4 Status with my Husband XYZ Company? What will happen to my H1 Visa/ Status of ABC Company?
    In future, Can i again change my H4 to H1 as the H1 Extn is valid till Sep, 2017?

  • #2
    Yes. You need to file form I-539 to change your status from H1B to H4. You also need to file the same for your children who are currently under your H1B to move them to your husband's H1B. The application should reach USCIS before your last working day. To be on the safe side, you can file it now with an effective date of Nov 1st. When you find a new job, the employer can file a COS from H4 to H1B back and when that gets approved, you can begin working.
    Not a legal advice. Use of this information is strictly at your own risk.

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