H4 to H1 Cos to H4 to H1

[dineshrk]

Hello Everyone,

Could you please help/suggest with my below query.

I came to USA on H4 as dependent after my marriage. My husband is on H1B (GC process not yet started so EAD case is ruled out).

In the last 2015 year's H1 CAP, my petition got picked up and my status changed from H4 to H1COS (I797B with I-94 and 3 years validity until 2018)

Now due to a personal maternity leave, I would like to go back to H4 status for few months until the things settle down.

Could you please suggest a best way to avoid "out of status" and retain H1 eligibility when I am ready.

Also would it be practically possible to search for a job on H4 and change to H1 when get selected.

Kindly please help me.

[raghvi]

Hello Everyone,

Could you please help/suggest with my below query.

I came to USA on H4 as dependent after my marriage. My husband is on H1B (GC process not yet started so EAD case is ruled out).

In the last 2015 year's H1 CAP, my petition got picked up and my status changed from H4 to H1COS (I797B with I-94 and 3 years validity until 2018)

Now due to a personal maternity leave, I would like to go back to H4 status for few months until the things settle down.

Could you please suggest a best way to avoid "out of status" and retain H1 eligibility when I am ready.

Also would it be practically possible to search for a job on H4 and change to H1 when get selected.

Kindly please help me.

Before your last working day (preferably a week to 10 days before) file a COS from H1 to H4 using the i539.

As and when you are ready for employment, ask the new employer to file a H4 to H1 COS in premium and work once that is approved.

This is my opinion not legal advice.