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H1 validity

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  • H1 validity

    Here's my situation.

    My wife is on H4 status right now.

    While she was stamping for her H4 back in June - 2010, she had a H1 visa extension valid till Jan 2012 (visa was not stamped in her passport). She was working in US before and her passport had the previous H1 visa stamping which was valid till Apr - 2009. At the US embassy, they marked this expired visa as canceled.

    I want to know whether her H1 extension is still valid. If yes, what are our option to change the status from H4 to H1?

    Thanks in advance.

  • #2
    What got cancelled is the visa and not the petition. Petition will remain valid until its expiry date or until revoked by the employer. Any new employer can file a COS from H4 to H1B and when that gets approved, she can start working. She will just need to provide a copy of the existing approval notice to the new employed.

    If she want to work for the current H1B sponsor, then the employer will need to file an H1B amendment to change the status from H4 to H1B. When that gets approved, she can start working. Alternatively, she can leave the country, get the H1B stamped and return back in H1B visa and start working immediately.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      Thanks a lot !!!

      Can you also throw some light on typically how long it will take for both these options?

      1. H1B amendment to change the status from H4 to H1B

      2. COS from H4 to H1B

      Also are there any premium processing options?
      Last edited by firosek; 02-10-2011, 01:29 PM.