H1 to H4 and back to H1

diffuser78

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Join Date: Jan 2009

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#1

H1 to H4 and back to H1

01-23-2009, 03:44 PM

I am on H1B and I lost my job. If I go on H4 VISA (my wife has a H1), and if I find a new job after some time, do I have to file a fresh H1B application or can I just transfer my H1 to the new employer ?

Please help. The situation is very tensed because of VISA situations.

Thanks.
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txh1b

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Join Date: Apr 2008

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#2

01-23-2009, 03:51 PM

You are already cap counted. You can switch to H4 and back to H1. But the timing is important. Your H4 COS could still be pending when you have to file for a H1b again. It is possible however makes it complicated.

I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.
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