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  • H4 to H1 (Already approved)

    Hi
    Currently I am on H1B and planning to convert to H4 bcs I would like to stay away from work beacuse of personal reasons. I would like to return back to work after 6-8 months.
    Can anyone please clarify these questions

    1) If my current employer is keeping my H1, then what is the procedure for me to change back to H1B for my current employer?
    2) What is the fees associated for COS from H4 to H1B?
    3) How long normally it takes to change the status to H1B (that is already approved and valid)

    Thanks
    Last edited by mail2pgs; 10-19-2011, 04:36 AM.

  • #2
    Originally posted by mail2pgs View Post
    Hi
    Currently I am on H1B and planning to convert to H4 bcs I would like to stay away from work beacuse of personal reasons. I would like to return back to work after 6-8 months.
    Can anyone please clarify these questions

    1) If my current employer is keeping my H1, then what is the procedure for me to change back to H1B for my current employer?
    File petition amendment or another petition exempt from cap.
    2) What is the fees associated for COS from H4 to H1B?
    To be paid by the employer.
    3) How long normally it takes to change the status to H1B (that is already approved and valid)
    2-3 months regular, 15 days premium
    Thanks
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks for your reply.
      Can you please clarify these,
      Since my LCA and H1B petition is valid still my employer needs to file another H1B (cap exempt) petition ?
      Actually we are planning to do by ourself (me and HR assistant) the H1B filing.
      So I would like to know what will be the cost for this process if I am using the same LCA and H1B petition ?
      Can you please provide some details about the H1B amendment you mentioned? What will be the cost for that?
      Thanks

      Comment


      • #4
        Originally posted by mail2pgs View Post
        Thanks for your reply.
        Can you please clarify these,
        Since my LCA and H1B petition is valid still my employer needs to file another H1B (cap exempt) petition ?
        Either amend the existing petition or if you file new (cap-exempt), you can get another 3 years directly. Process is similar for both, cost for new petition are higher.

        Actually we are planning to do by ourself (me and HR assistant) the H1B filing.
        So I would like to know what will be the cost for this process if I am using the same LCA and H1B petition ?
        Search for I-129 instructions on USCIS website.
        Can you please provide some details about the H1B amendment you mentioned? What will be the cost for that?
        Search for I-129 instructions on USCIS website.

        Thanks
        See above.
        In case of amendment or new petition you cannot begin working until the petition is approved.
        Another option to change from H4 to H1 is to leave the US, obtain (or use existing) H1 Visa and return with H1 Visa and existing petition approval notice. Start working immediately.
        Last edited by kabkaba; 10-20-2011, 09:43 AM.
        This is my opinion and not legal advice.

        Comment

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