H1B 221g, can I get H4 and go to USA and do a COS

[Janopan]

Hi,

I went to US in Apr 2013 in H4 Visa, and an employer initiated my H1 in Apr 2014 and started working from October the same year. I worked for 2 projects until Jan 2017 and came to India for an emergency. I went for stamping and got a 221g, now I and my kid are stuck here from Feb 2017 and my spouse is there in US. Can I apply for H4 and go back to US? Can I do a COS to change my Staus from H4 to H1 and work with receipt # as premium processing is temporarily suspended. Please clarify.

[pontevecchio]

You can certainly get the H4 visa and come over. You cannot work while a COS from H4 to H1 is going on.

[shekar11#]

11 hours ago, Janopan said:

Hi,

I went to US in Apr 2013 in H4 Visa, and an employer initiated my H1 in Apr 2014 and started working from October the same year. I worked for 2 projects until Jan 2017 and came to India for an emergency. I went for stamping and got a 221g, now I and my kid are stuck here from Feb 2017 and my spouse is there in US. Can I apply for H4 and go back to US? Can I do a COS to change my Staus from H4 to H1 and work with receipt # as premium processing is temporarily suspended. Please clarify.

You cannot work on receipt number during change of status.