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H1-H4 and then transfer to H1

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  • uno
    replied
    Originally posted by shervin143 View Post
    That depends on whether your application is taken for processing by USCIS or not. If not, then you can revoke it. If it is already under processing, then there is nothing much you could do. When the H4 gets approved, you either have to file a COS with premium processing again to H1B or you will have to leave the country and return back on H1B visa.
    Thanks Shervin143,

    I really appreciate your time & suggestions.
    Hope that will help many other folks as well.

    Regards,

    Leave a comment:


  • shervin143
    replied
    That depends on whether your application is taken for processing by USCIS or not. If not, then you can revoke it. If it is already under processing, then there is nothing much you could do. When the H4 gets approved, you either have to file a COS with premium processing again to H1B or you will have to leave the country and return back on H1B visa.

    Leave a comment:


  • uno
    replied
    Originally posted by shervin143 View Post
    Read about the last action rule in the forum. The last received I-94 will take precedence over all the other I-94's. You can apply for a COS to H1B when the COS to H4 is pending. However, if the H1B gets approved first and if the H4 gets approved later, then your status will change to H4 as per the last received I-94 and you will need to apply for a COS to H1B again. Until the COS to H1B is approved, you cannot work. It will take 2-3 months by normal process and 15 days by premium which will cost an additional $1000. If the H1B approval comes after H4 approval, then you are all good.
    Thanks, Shervin143,

    Well, let's assume if H1B comes before H4. Then, it's not good, because when later H4 get approved, that will take recedence over the H1.

    Now the question arises, is there any way to stop/cancel H4 process once you get your H1. Because, for sure H1 will come first when one goes for Premium processing. Any suggestions/guidance here, really appreciated.

    Thanks in advance.

    Uno

    Leave a comment:


  • shervin143
    replied
    Read about the last action rule in the forum. The last received I-94 will take precedence over all the other I-94's. You can apply for a COS to H1B when the COS to H4 is pending. However, if the H1B gets approved first and if the H4 gets approved later, then your status will change to H4 as per the last received I-94 and you will need to apply for a COS to H1B again. Until the COS to H1B is approved, you cannot work. It will take 2-3 months by normal process and 15 days by premium which will cost an additional $1000. If the H1B approval comes after H4 approval, then you are all good.


    Originally posted by uno View Post
    One more question -
    If employer applies for COS to H4. If someone gets a job in the meantime, Is it possible to apply for COS to H1 while H4 COS is still pending. I mean, COS to H4 generally takes 2-4 months. One has to wait to first get H4 and only then apply for H1 change or one can go in between when COS to H4 is pending.

    Thanks,

    Uno

    Leave a comment:


  • uno
    replied
    Originally posted by simmyp77 View Post
    my wife is on H1 now for about 4 months. she is trying for a job but if in case she could not find any, we will have to change the status to H4. I would like to know:

    1. Is it possible to change the status to H4 and ask the consultant NOT to cancel the visa?
    2. If then can she transfer the status back to H1 later , may be next year once she find a job? do she needs to travel out of country to change to H1 from H4?
    3. She has got SSN now. will that get cancelled once she changes the status to H4?

    Really appreciate your help in this regards.
    One more question -
    If employer applies for COS to H4. If someone gets a job in the meantime, Is it possible to apply for COS to H1 while H4 COS is still pending. I mean, COS to H4 generally takes 2-4 months. One has to wait to first get H4 and only then apply for H1 change or one can go in between when COS to H4 is pending.

    Thanks,

    Uno

    Leave a comment:


  • shervin143
    replied
    1. Is it possible to change the status to H4 and ask the consultant NOT to cancel the visa?
    >>> Change of status is not possible as she is out of status on H1B now. The only way to get back to H4 is to leave the country and return back on H4. The H1B petition will remain valid until it's expiry date. When she finds a job, she can go out of the country, get the H1B stamped and re-enter to start working or alternatively, file a COS to H1b and when that gets approved, she can start working.

    2. If then can she transfer the status back to H1 later , may be next year once she find a job? do she needs to travel out of country to change to H1 from H4?
    >>> Read the above answer.

    3. She has got SSN now. will that get cancelled once she changes the status to H4?
    >>> No.

    Leave a comment:


  • simmyp77
    started a topic H1-H4 and then transfer to H1

    H1-H4 and then transfer to H1

    my wife is on H1 now for about 4 months. she is trying for a job but if in case she could not find any, we will have to change the status to H4. I would like to know:

    1. Is it possible to change the status to H4 and ask the consultant NOT to cancel the visa?
    2. If then can she transfer the status back to H1 later , may be next year once she find a job? do she needs to travel out of country to change to H1 from H4?
    3. She has got SSN now. will that get cancelled once she changes the status to H4?

    Really appreciate your help in this regards.

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