H1b Change of Status


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Hi Friends, 

I am currently in USA, and currently working on H4/H4 EAD. I have H4 EAD Extension until year 2020. Last year an employer(good) filed h1b(COS) for me, got selected in lottery - Received RFE - RFE replied - Waiting for h1 approval. 

Question:

1) If i receive h1b approval while in USA through COS,  can i go back to india and come back to USA on H4 visa? Due to some reasons i want to remain on H4 visa.

2) If not india, Can i go to canada/mexico for h4 stamping and return to USA on h4?

3) Later can i come back to H1 through COS from H4 to H1?

4) Can i tell my h1 employer to amend COS to consular?

JoEF/Ponty - please suggest

Thanks,

Saahiti

 

 

 

 

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I don't understand people's reasoning.  Anyways, if your h1 is approved under COS then your status will change to h1 and your H4 is gone. 

1. If you have valid H4 visa, then yes, you can travel back to USA on H4 status.. then your approved H1 status will be gone.  If you want to stay on H4/EAD then why did your employer filed your H1B?

2.  As I said, if you already have valid H4 visa you don't have to go for stamping again either in India or Mexico or Canada.

3, Your employer have to apply for COS from H4 to H1, you cannot apply yourself for this change of status.

4, yes, you can tell your employer.. but if they want to request the change or not,, depends on them.

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