COS-H4 To H1

[N C]

Hi, 

I am looking for some urgent advice and would really appreciate if anyone can provide the guidance.

I got my H1 this year and I have worked for 2 months with my employer, but unfortunately I got laid off and I am thinking to go back on H4 (I am assuming COS will take 3-6 months).

What if I get a job during this period, can I be able to transfer my H1 easily and file a different COS(h4 to h1) while my another COS (h1 to h4)still pending?

Thanks,

NC

[pontevecchio]

To avoid confusion based on approvals at different times, consider taking a short break and returning in H4 status. Then you can change status to H1 as appropriate.

[biodallas]

20 hours ago, N C said:

Hi, 

I am looking for some urgent advice and would really appreciate if anyone can provide the guidance.

I got my H1 this year and I have worked for 2 months with my employer, but unfortunately I got laid off and I am thinking to go back on H4 (I am assuming COS will take 3-6 months).

What if I get a job during this period, can I be able to transfer my H1 easily and file a different COS(h4 to h1) while my another COS (h1 to h4)still pending?

Thanks,

NC

Filing for a second COS (H4 to H1), while first COS (H1 to H4) is pending is risky and there is no guarantee that they will adjudicate those in the order you filed and they are not required to. So, whatever last COS they do will be the one that prevails and if they do the H1 to H4 last then well you will be on H4. 

This is why it is recommended to go the consular processing route to change from H1 to H4, because it is immediate (you will get visa stamp and also status change). Then once you are back in country and find a job you can file for H4 to H1 COS