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Sat2006

H4 to H1 query

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Hi,

Currently, I am on L1 visa and my wife is on L2. We both have approved H1B ( 2013) visa.

If I move on H1B then my wife will move on H4 (Because currently she is not working).

Here my query is, if she move on H4, can she move on back to H1 once she gets a job? or is their any other process to get back on to H4? is it easier?

Please let me know on the same.

Thanks.

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Hi, Currently, I am on L1 visa and my wife is on L2. We both have approved H1B ( 2013) visa. If I move on H1B then my wife will move on H4 (Because currently she is not working). Here my query is, if she move on H4, can she move on back to H1 once she gets a job? or is their any other process to get back on to H4? is it easier? Please let me know on the same. Thanks.

Sat2006....If your H1 was filed as a COS...then both of you should be working wef 1st 2012..(assuming that is the start date).

if your H1 was filed as CP then you remain on L1 and wife remains on L2 ..nothing changes..In this case if you want to work with H1 employer you have to go out of country and get it stamped.

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You are not clear with your question.

You said you and your wife both have approved H1B under 2013 quota. I assume they both start at Oct 1st with valid i-94.

She can't just move to H4 (by default) because she is doesn't have a job. Her status will be h1 from Oct 1st. If you want her to be H4, then you need to apply for her COS to H4 before Oct 1st. When she wants to move back to H1, she again needs to apply for COS to H1.

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Generally, in order to change status in the U.S. a petition/application must be filed and approved by USCIS. Certain dependents may apply for a dependent vias (ex. H4, L2) at a U.S. Consulate abroad without filing an application with USCIS first. Please schedule a consultation with a qualified immigration attorney to discuss the options available to your wife and to determine what filings will be required to ensure she is maintaining a valid nonimmigrant status at all times.

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@ Transformer - Currently my wife cannot work due to her health problems. If I move on H1 on Oct 1st 2012, then she will move to H4 because, she is not going to work from Oct 1st 2012. Once she start working in Jan/Feb 2013, can she easily move on to H1 or is their any process to come back on H1 from H4?

Noe: our H1's are with COS.

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@kattu786 -

Our H1's are with COS and my wife can't work from 10/1/2012 due to her health problems.

In this case, if I move to H1 first, then can she move to H4 by default? and if she want to come back on H1 from H4, is this process is smother?

and what is the process to do that.

Thanks.

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@kattu786 -

Our H1's are with COS and my wife can't work from 10/1/2012 due to her health problems.

In this case, if I move to H1 first, then can she move to H4 by default? and if she want to come back on H1 from H4, is this process is smother?

and what is the process to do that.

Thanks.

Your H1 employer would have to file the H4.It doesn't happen by default.Since she is already counted against the cap , once she gets a job afterwards the employer can file a H1 with COS .

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