prakashkodali Posted November 17, 2017 Report Posted November 17, 2017 Myself and my spouse were in USA on H1-B visa status from August 2006 to May 2012 and 2 months left on my 6 year quota and 1 year left for her. My wife went to USA again in June 2016 on a new H1-B and living there ever since. My new H1-B petition was recently approved and has a stamped visa now. But I did not travel and start a job yet. Given this situation, can I travel on H4 visa now and convert my status back to H1-B once I get job in the country? I understand that If I come on H4 status, my H1b status will be gone. If I give up my H1-B status now, will I be able to claim it later under the H1b CAP-EXEMPT quota category? Also, kindly let me know the eligibility to apply for H1-B under quota exempt category.
nmurthy Posted November 17, 2017 Report Posted November 17, 2017 Yes, you should be able to file a change of status (COS) petition to go back to H1B. You can go get H4 stamped and travel to US and once you are here you can find a job and have the new employer file COS.
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.