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H1B to H4 to H1B COS

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  • H1B to H4 to H1B COS

    Dear All,

    First, let me explain my scenario.

    I am on H1B visa, works for company A and got a new job with Company B at a different location. My H1B petition to work for Company B has been approved and I will join them by mid Jan 2017. My wife currently works for company C on H1B visa at same location where I am working currently and she is planning to join me at new location by Feb end. As we are transitioning, my wife wants to take a break from job for few months and start her job again after settling down. She is looking for 3-4 months of break beginning March.

    My questions are below:

    1. When should we start COS process (H1 to H4)?
    2. Does COS application need to be approved before last day of her job? I guess I know the answer but still need a confirmation/advice from senior members.
    3. If she files for COS application with effective date of 28 Feb 2017 and get an approval in Jun 2017 hypothetically, what status would she be in from Mar to Jun - H4 or H1?
    4. Considering long processing times these days, if her COS application is pending for approval and she decides to take another job, what are the options - Does H1 to H4 COS application need to be approved before filing for H4 to H1 COS or she could withdraw previously filed application?
    5. How much time does it generally take for H4 to H1 conversion considering current processing times? Is premium filing option available for both H1 to H4 and H4 to H1 conversion?

    She would also request work from home option from her current client. If they agree then she would continue to work from new location. We are not sure about how much time her customer may take to decide on WFH option. If she files for H1 to H4 conversion and later customer agrees to give WFH option, would she be able to withdraw COS application in case it is not approved?

    Appreciate your responses. This will help us make an informed decision.

    Thanks!

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