H4 to H1B change of status (Current H1B status - expired)

[Siddharth Sahu]

Hi,

I am presently working on H1B. My wife too was working on H1B until November 2015 and she had to go back to India as her project got over. My wife's visa had expired on 30th September 2015 and she had to file for an extension to work until November 2015. There has been no decision on the extension yet. My wife now wants to come back to US on H4 after resigning from her company. Would she be able to work on H1B again if she is able to find a different employer in the US considering that her present employer will revoke her H1B. Will she have to undergo the lottery process once again? (she has 3 more years left of the total 6 years).


Regards
Siddharth

[raghvi]

Hi,

I am presently working on H1B. My wife too was working on H1B until November 2015 and she had to go back to India as her project got over. My wife's visa had expired on 30th September 2015 and she had to file for an extension to work until November 2015. There has been no decision on the extension yet. My wife now wants to come back to US on H4 after resigning from her company. Would she be able to work on H1B again if she is able to find a different employer in the US considering that her present employer will revoke her H1B. Will she have to undergo the lottery process once again? (she has 3 more years left of the total 6 years).


Regards
Siddharth

Yes she can re enter on H4, I would suggest the extension request be withdrawn when she re enters US.

If she want to move to H1 again her employer would need to file a COS from H4 to H1 and once that is approved she can work.

This is my opinion not legal advice.

[Siddharth Sahu]

Yes she can re enter on H4, I would suggest the extension request be withdrawn when she re enters US.

If she want to move to H1 again her employer would need to file a COS from H4 to H1 and once that is approved she can work.

This is my opinion not legal advice.

Thanks Raghvi for your response. Last week she got her H4 stamping done and they marked her H1B as "Cancelled without Prejudice". Does this mean that her extension request also would have been cancelled?

Regards
Siddharth

[raghvi]

Thanks Raghvi for your response. Last week she got her H4 stamping done and they marked her H1B as "Cancelled without Prejudice". Does this mean that her extension request also would have been cancelled?

Regards
Siddharth

I wouldnt assume that. Visa is cancelled by Consulate, petition by USCIS, as they are different entities one is not always real time in communicating to the other.

This is my opinion not legal advice.