H4 to H1B and again H1B to H4 status question

[simbhasin27]

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

[shervin143]

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?

[simbhasin27]

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

[shervin143]

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

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

[simbhasin27]

Hi Shervin

Yes I filled H1b with COS

[shervin143]

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.

[simbhasin27]

Thanks a lot shervin143

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