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H4 to H1B and again H1B to H4 status question

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  • H4 to H1B and again H1B to H4 status question

    Hi Friends,

    I need little help from you guys as I am not able to understand the complete cycle.

    Currently I am on H4 and my H1B is in process (2016). I will get the visa in Oct or Nov as RFE things are going on.


    My questions is the moment I get the VISA, I will have to be on payroll and in case I do not get project then what my status would be??? What would happen to my H4 visa? Would I be able to come back to H4 visa??

    If I can come over to H4 visa then what would happen to my H1B visa. Would I be ever able to move back to H1 in case I get a project in couple of months.

    This could be a silly question but I am really confused right now. I am sure many people must have asked this questions in the forum but I am not able to get the exact answers to my questions. So, I asked it again here.

    Thanks,
    Simran

  • #2
    Are you currently in U.S? If you are currently in U.S, was your H1B filed a a change of status (COS) from H4 or was it filed for consular processing?
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi Shervin

      Yes I am in US, but dont know how my H1B was processed COS or Consular processing.

      Though I think it is not COS, but I will check with my consultant.

      Regards,
      Simran

      Comment


      • #4
        You need to know that first. Can't help with your question without knowing that.

        Originally posted by simbhasin27 View Post
        Yes I am in US, but dont know how my H1B was processed COS or Consular processing.

        Though I think it is not COS, but I will check with my consultant.

        Regards,
        Simran
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Hi Shervin

          Yes I filled H1b with COS

          Comment


          • #6
            Currently I am on H4 and my H1B is in process (2016). I will get the visa in Oct or Nov as RFE things are going on.


            My questions is the moment I get the VISA, I will have to be on payroll and in case I do not get project then what my status would be???
            >>> You will be out of status.

            What would happen to my H4 visa? Would I be able to come back to H4 visa??
            >>> When you are out of status, a COS from H1B to H4 is not possible. You may leave the country and re-enter back in H4 visa to get back to H4 status.

            If I can come over to H4 visa then what would happen to my H1B visa. Would I be ever able to move back to H1 in case I get a project in couple of months.
            >>> Yes, the employer will be able to file a COS from H4 to H1B again (need to spend money). You cannot work until the COS gets approved.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Thanks a lot shervin143

              Originally posted by shervin143 View Post
              Currently I am on H4 and my H1B is in process (2016). I will get the visa in Oct or Nov as RFE things are going on.


              My questions is the moment I get the VISA, I will have to be on payroll and in case I do not get project then what my status would be???
              >>> You will be out of status.

              What would happen to my H4 visa? Would I be able to come back to H4 visa??
              >>> When you are out of status, a COS from H1B to H4 is not possible. You may leave the country and re-enter back in H4 visa to get back to H4 status.

              If I can come over to H4 visa then what would happen to my H1B visa. Would I be ever able to move back to H1 in case I get a project in couple of months.
              >>> Yes, the employer will be able to file a COS from H4 to H1B again (need to spend money). You cannot work until the COS gets approved.
              Thanks a lot shervin143

              Comment

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