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Change of status from H1B to H4

Bellevue, WA |

Currently i am on H1-B and working for a alrge firm on a contract basis. My contract is ending on 18th feb, after which

1 . i am planning to file for COS from H1 to H4 as my spouse is currently on H1 and in US.
After couple of mojnths say, if i get a new job, can my new employer get my visa status changed bak to H1 from H4?

2. What are the documents i need to submit for filing for my H1->H4? What is the lead time for COS?

3. What are something s which i need to be aware of in this scenario

4. what is the cost of filing COS both from H1->H4 and then H4->H1?

Attorney Answers 1

  1. You may switch back from H-4 to H-1B. There are two items that you need to be aware of. First, make sure that you have time left under H-1B status. You are allowed up to 6 years in H-1B status (with 7th year and beyond allowed after 365 days post PERM filing). Your time in H-4 status does not count towards the 6 year time period. So, first you must make sure that you have time left under H-1B status.

    The second item is that only current H-1B workers can change from one cap-subject position to a different cap-subject position and be exempt from the cap. Since you would be coming from H-4 status, you would be subject to the cap if you work for a cap-subject employer. However, if you transfer from your current cap-subject employer to another cap-subject employer, you are exempt.

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