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H1 to H4 COS

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  • H1 to H4 COS

    Hello

    I am on H1B and my visa is valid until Feb 2017. I would like to convert to H4 as I have to take care of my new born for 1 year.

    1.) What is the processing time for H1 to H4 visa?

    2.) If I apply for H4 visa now(Nov). What will be my status(H1 or H4) from Nov until H4 approval date?

    3.) If I apply for H4 visa now(Nov). Should I continue working until my H4 get approved?

    4.) Can I convert back to H1 visa after H1 validity date which is Feb 2017?

    5.) Which is better 1.) COS to H4 here in US or 2.) travel to India and get H4 stamped and come back to keep my maximum no of H1 days?

    Thanks
    Sam
    Last edited by Sam Khan; 10-27-2015, 02:31 PM.

  • #2
    1.) What is the processing time for H1 to H4 visa?
    >>> Anywhere between 4-6 months.

    2.) If I apply for H4 visa now(Nov). What will be my status(H1 or H4) from Nov until H4 approval date?
    >>> You will not be in H1B or H4. It is called "Period of stay authorized by the Attorney General".

    3.) If I apply for H4 visa now(Nov). Should I continue working until my H4 get approved?
    >>> Not required. You can stop working after receiving the H4 receipt notice.

    4.) Can I convert back to H1 visa after H1 validity date which is Feb 2017?
    >>> Yes.

    5.) Which is better 1.) COS to H4 here in US or 2.) travel to India and get H4 stamped and come back to keep my maximum no of H1 days?
    >>> Leaving the country and returning back on H4 visa is the fastest way to get to H4 status. If you file the COS from H1B to H4, then you should not leave the country until the COS gets approved. If you do not have plans to travel for the next 6 months, then COS is the best option, otherwise get the visa and return back.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Additional Query

      In my case my wife is on H1 Status from October 2014. She has a stamped H4 on which she entered the US.
      We plan to go to India and she does not want to go through the hassle of H1B Stamping. Can she enter back on the already stamped H4?
      Does she need to file a COS before going to India or will the status automatically change to H4 once she re-enters.?

      Comment


      • #4
        Yes, she can re-enter back in H4 visa. No need to file a COS. She need to leave the country before she goes out of status on H1B and re-enter back in H4 visa. Once she enters in H4 visa, she cannot work. To begin working again in the future, a COS from H4 to H1B should be filed and it should get approved.

        Originally posted by ashishdeep View Post
        In my case my wife is on H1 Status from October 2014. She has a stamped H4 on which she entered the US.
        We plan to go to India and she does not want to go through the hassle of H1B Stamping. Can she enter back on the already stamped H4?
        Does she need to file a COS before going to India or will the status automatically change to H4 once she re-enters.?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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