Moving from H4 to H1

[GGKamal]

Hello People,

I was working on H1. I applied for COS to H4 in Feb 2016, which got approved in Mar 2016, post which I quit my H1 job. The H1 that I was working on got expired in Feb 2017. Is it possible for my old employer to renew my H1? They would like to hire me again.

Thanks for going through the question and providing your valuable feedback.

[scientist2016]

Yes it is possible. But if you have the option for H4 EAD why not avail it?

[raghvi]

Yes it is possible. But if you have the option for H4 EAD why not avail it?

Yes, possible if you still have time remaining on the H1. But it can take months for the approval to come by.

This is my opinion not legal advice.

[scientist2016]

Yes, possible if you still have time remaining on the H1. But it can take months for the approval to come by.

This is my opinion not legal advice.

The long time for H1 decision is exactly what I had in mind. Hence my question whether the original poster has looked into the option of H4 EAD.

[GGKamal]

The long time for H1 decision is exactly what I had in mind. Hence my question whether the original poster has looked into the option of H4 EAD.

Hello,

Thanks for taking time to answer my question. At this time I dont have the option of H4 EAD.
I understand that H1 approval can take months (because of the long wait times at USCIS), but do I need an approval to start working, or would a receipt do? Generally when people switch jobs, or apply for H1 extension, a receipt works and approval comes later. Is my case different?

[raghvi]

Hello,

Thanks for taking time to answer my question. At this time I dont have the option of H4 EAD.
I understand that H1 approval can take months (because of the long wait times at USCIS), but do I need an approval to start working, or would a receipt do? Generally when people switch jobs, or apply for H1 extension, a receipt works and approval comes later. Is my case different?

Yes, you need to wait for approval to work, because your application is not only a H1 petition approval, it also includes a Change of Status from H4 to H1, so until the COS and H1 petition approval happens, you cannot work for the H1 employer.

This is my opinion not legal advice.