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H1 To H4 To H1

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  • H1 To H4 To H1

    Hi –
    I am on H1B status since October 1, 2007 and I have NEVER been out of status till date. I got married in July 2008 and my wife entered USA on H1B status on November 1, 2008 and received her first pay stub so far. Her H1B visa is valid for 3 years.
    Due to some personal reasons my wife wants to convert to H4 status and here are my questions
    - Can she convert to H4 status?
    - Does she need to file for a change of status from H1B to H4?
    - If so what is the cost involved?
    - What forms need to be filed for the change of status?
    - Can she come back on H1B status later on with the same employer? If yes, how? (provided her employer didn’t cancel her H1B petition )
    - Can she come back on H1B status later on with a different employer and is she considered H1B cap exempt because she previously held valid H1B status? If yes, how?

    Thanks

  • #2
    Search for FORM I539 for H1-H4 COS and its cost.

    To start working again(H4-H1), she has to file a new petition i.e. "amendment" through an employer which is cap exempt.
    I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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