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H1 to H4 COS urgent help

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  • H1 to H4 COS urgent help

    Hi,

    I am currently working in US on an H1 B visa. My husband is also working on H1 B Visa. My current project is getting over on 2/26. I might get another project with my current employer in a couple of months. I am planning to move to H4 and stay in USA.
    I have a few questions:
    1. I have heard that change of status from H1 to H4 takes 2-3 months and i cant leave the country during this time. Is that correct?
    2. I want to visit my family in India. Is it faster to get H4 stamping done in India? I am thinking of going to India and stay for a couple of weeks and come back with an H4. How long does it take to get H4 visa from India?
    3. If i get an H4 from India, is it possible to switch back to H1 with my previous employer when another project becomes available?
    3. If i get an H4 from India and other employer files an H1 for me, will my petition be subjected to Lottery again?

    Thanks a lot. Please help.

  • #2
    Can someone please help!

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    • #3
      I am currently working in US on an H1 B visa. My husband is also working on H1 B Visa. My current project is getting over on 2/26. I might get another project with my current employer in a couple of months. I am planning to move to H4 and stay in USA.
      I have a few questions:
      1. I have heard that change of status from H1 to H4 takes 2-3 months and i cant leave the country during this time. Is that correct?
      2. I want to visit my family in India. Is it faster to get H4 stamping done in India? I am thinking of going to India and stay for a couple of weeks and come back with an H4. How long does it take to get H4 visa from India?
      3. If i get an H4 from India, is it possible to switch back to H1 with my previous employer when another project becomes available?
      3. If i get an H4 from India and other employer files an H1 for me, will my petition be subjected to Lottery again?

      Answers:
      01) Yes, it is taking time for Cos from US. I'm not sure about leaving US during that interval.
      02) Always getting visa from Home Country is the easiest and fastest way to Change your status. You need to fill out DS 160, schedule for interview and once you're done
      with the interview, you will get your passport within a week. (If you get a 221(g), then it might take some time, but i do not think you will ever have a problem for Dependent
      Visa)
      03. You will not be subjected to CAP again as you have already participated in CAP/Lottery or Quota for the first time you got H1. Its like when you got your H1B you've got
      it for 6 years and you can use them whenever you want. (I think there is a restriction of use your 6 years within some years like that...i'm not sure about that rule)
      So yes. If your employer finds a job you can switch back to H1b whenver you want.
      04). I'm not sure about this. I think H1B is employer specific and for you to switch employers, you first need to have a valid H1 and then you can file a transfer

      I've answered all these based on info I've. Please consult an immigration specialist if you want to take any decision based on it

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