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H1 to H4 to H1 through same employer

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  • H1 to H4 to H1 through same employer

    Hi,

    My H1B extension was approved in Jul 2010 which is valid through Mar 2013 but i never got the H1B-ext stamped. Presently i am on H4 in US since April, 2012.

    I am with Company A only, for H1B(came couple of times to USA on H1B), H1B extension, H4 all the time and am still with the same employer now but on long leave and can resume the work anytime now.

    Can i apply for COS through my Company A without going back to India for getting the H1 stamped?
    Can i resume the work on H1B anytime if COS gets approved.

    Thanks
    Last edited by soumya.435; 07-23-2012, 08:37 AM.

  • #2
    Can i apply for COS through my Company A without going back to India for getting the H1 stamped?
    >>> Possible.

    Can i resume the work on H1B anytime if COS gets approved.
    >>> You should start working immediately after the H1B COS gets approved (The efective date of the COS will be mentioned in the new H1B approval notice). Any time spend in U.S in H1B status without working and getting paid is considered as out of status. Also, you cannot work until the COS gets approved.
    Not a legal advice. Use of this information is strictly at your own risk.

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