H1 to H4 COS in progress and back to H1


Jen

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Hello There,

I was on H1B until may 2018 (with 6 yr max out and I 140 approved)  and filled for H4 COS in June 2018 since my wife is also on H1.  Now while my COS is in progress and I got an employer who is willing to transfer back to H1B.   My current I94 is valid until July 2019.

1. Can the transfer be done while COS is in progress?

2. Can I join employer based on the filling receipt or do I have to wait for the approval to start?

3. Do I have to go out of country and get stamped and then only I can start working?  Or I can start as soon as I get the approval?

Thank you in advance for your answer.

Thanks!!

Jen.

 

 

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1. Can the transfer be done while COS is in progress?

     This is tricky... if you get H1 approval before the decision of COS, then you can withdraw the COS application.  

2. Can I join employer based on the filling receipt or do I have to wait for the approval to start?

     Need to wait until you got the approval

3. Do I have to go out of country and get stamped and then only I can start working?  Or I can start as soon as I get the approval?

    Along with the H1, employer need to file for H4 to H1(COS), if you get new I94 with H1 status, you can start as soon as you got the approval

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