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H4 to H1 - Change of Status

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  • H4 to H1 - Change of Status

    Hi,

    I was on H4 status which was valid till Feb, 2018. My H1 got picked in lottery this year and my COS got approved today 12/6. It may take upto 7 days to get the approval notice. I don't want to join the employer until mid 2017 as I am enrolled in MS and planning to complete that in Summer next year. Below are my questions.

    1. Since I don't want to join the employer right now, I would like to be on H4 status again. I am planning to leave the country by 12/15 and be back around 1/1. I have H4 visa which is valid till Feb, 2018. After COS to H1, is that H4 visa still valid? Can I use that to reenter on H4 status or do I have to restamp my H4?
    2. I will be out of status between today - 12/15. Can it cause a problem at POE and trigger questions about 10 days of out of status?
    3. If I don't join the employer, Can I use my H1 petition as cap exempt next year?

    Thank you for taking time and answering my questions.

  • #2
    Originally posted by takentaken420 View Post
    Hi,

    I was on H4 status which was valid till Feb, 2018. My H1 got picked in lottery this year and my COS got approved today 12/6. It may take upto 7 days to get the approval notice. I don't want to join the employer until mid 2017 as I am enrolled in MS and planning to complete that in Summer next year. Below are my questions.

    1. Since I don't want to join the employer right now, I would like to be on H4 status again. I am planning to leave the country by 12/15 and be back around 1/1. I have H4 visa which is valid till Feb, 2018. After COS to H1, is that H4 visa still valid? Can I use that to reenter on H4 status or do I have to restamp my H4?
    2. I will be out of status between today - 12/15. Can it cause a problem at POE and trigger questions about 10 days of out of status?
    3. If I don't join the employer, Can I use my H1 petition as cap exempt next year?

    Thank you for taking time and answering my questions.
    1. Yes H4 would be valid and can be re used to enter US.
    2. I doubt that it will be a problem.
    3. Most probably.

    This is my opinion not legal advice.

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