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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?

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Attorney answers 1

Posted

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.

Asker

Posted

Hi Nina, I have a question on your reply as I am in a similar situation. I am on H4 currently and have a pending H1B COS petition with USCIS through employer A . Now, I recently got offer from another employer B which I want to take. If my petition (A) gets approved, can I benefit from being exempt from cap when B files a new H1B for me while I have an approved petition of A? As you said " current H-1B workers can change from one cap-subject position to a different cap-subject position and be exempt from the cap" Is it enough to have an approved petition for this or I have to work for some for A to be eligible? Please advise,

Michele Nina Carney

Michele Nina Carney

Posted

This is an interesting question. My short answer would be no, as you have never worked for Employer A, so you would not be transferring from one cap exempt position to another. However, this would require additional research and I would advise that you retain an attorney to assist you with this when filing the new petition for Employer B.