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nitrohaze

H4 - H1 COS concerns and queries

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Hi

I have questions regarding h4-h1 cos.  My friend has an approved i140 and is working on h1b for the past 5 years ,she is working for an employer but now plans on moving to h4.

Eventually she plans on switching back to h1, How does this transition between h4-h1 COS work?

1. Can she work once she gets a receipt or does she need to wait for h1 to be approved? Concern is that the client might want her sooner and the processing wait times are long 

2. How long does it take to get the receipt and the h1 approval and is there premium processing that could help expedite the process for COS ?

3. What happens if the employer who holds her h1 ..revokes her h1 while she is on h4 , how will it impact her .. 

say she decides to transfer her visa to another employer , would this revoke by her first employer affect her at all? 

4. Can the i140 be revoked by the employer and what is the impact if any

5. Incase she decides not to travel post COS and h1 approval , is it still mandatory to travel and  get visa stamped? 

6. When can she begin working , as soon as h1 visa is approved or should she wait for say October ..

7. By when should she be applying for h1 again, any timeline ? 

Please let me know if there is something I am missing and that I need to be aware of

Edited by nitrohaze

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1. Can she work once she gets a receipt or does she need to wait for h1 to be approved? Concern is that the client might want her sooner and the processing wait times are long 

Nope. Need to be approved. The petition could be upgraded to premium processing

2. How long does it take to get the receipt and the h1 approval and is there premium processing that could help expedite the process for COS ?

H1B could be filed under premium processing. You will get a decision within 15 calendar days.

3. What happens if the employer who holds her h1 ..revokes her h1 while she is on h4 , how will it impact her .. say she decides to transfer her visa to another employer , would this revoke by her first employer affect her at all? 

The employer should be withdrawing it, per law. As she had not completed 6 years on H1b she might find a new job/new employer who might find a cap-exempt petition.

4. Can the i140 be revoked by the employer and what is the impact if any

It can be withdrawn but not revoked.

5. Incase she decides not to travel post COS and h1 approval , is it still mandatory to travel and  get visa stamped? 

I think so. Until she travel and get visa stamped, her status doesn't change to H1B i guess.

6. When can she begin working , as soon as h1 visa is approved or should she wait for say October ..

As soon as it is approved, as the petition would be a cap exempt.

7. By when should she be applying for h1 again, any timeline ? 

Not really.

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