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H1 to H4

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  • H1 to H4

    Hi,

    Is it the same thing if I change my H1 to H4 here in US and when I go back to India and come back with a H4?
    If I transfer my visa to H4 here in US,it will be a COS and I can change my visa to H1 without being applicable to the cap..right?

    Is it the same case if I go back to India and come to US on H4? Will it be COS or new H1 with cap applicable?

    Thanks,

  • #2
    Is it the same thing if I change my H1 to H4 here in US and when I go back to India and come back with a H4?
    >>> They are the same. If you want to change your status to H4 without leaving the country, then you apply for the COS to H4. The alternative is to leave the country and re-enter in H4 visa.

    If I transfer my visa to H4 here in US,it will be a COS and I can change my visa to H1 without being applicable to the cap..right?
    >>> Correct.

    Is it the same case if I go back to India and come to US on H4? Will it be COS or new H1 with cap applicable?
    >>> You can use the CAP from the previous H1B petition (Provided you haven't used all 6 years in your H1B)
    Not a legal advice. Use of this information is strictly at your own risk.

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