H1b to H4 to H1b

[Robin123]

Hello, 

I am currently on h1b and had h1 approval and stamping till 7th March 2019. 

I applied for H4 COS and EAD on 19th Spetember 2018. My case is still in process and a decision is not made yet. 

As my EAD is not approved, I filed for h1 extension and change of employer to maintain my work status. The extension is files on 6th March 2019. As the current timelines are very long, I do not expect it being approved anytime soon. 

Meahwhile,

1) if my H4 COS and EAD gets approved, will I be able to travel to India and return with H4 stamping? 

2) What will happen to my h1b extension and change to employer? Will it be changed to consular processing automatically?

3) Will h1b extension and change of employer application have any affect on H4 COS and EAD to be approved? 

4) In consular processing, what will be the process of RFE and approval? Will I have a time limit in which I have to travel to get the stamping done, if approved? 

  

[shekar11#]

On 3/28/2019 at 2:56 PM, Robin123 said:

Hello, 

I am currently on h1b and had h1 approval and stamping till 7th March 2019. 

I applied for H4 COS and EAD on 19th Spetember 2018. My case is still in process and a decision is not made yet. 

As my EAD is not approved, I filed for h1 extension and change of employer to maintain my work status. The extension is files on 6th March 2019. As the current timelines are very long, I do not expect it being approved anytime soon. 

Meahwhile,

1) if my H4 COS and EAD gets approved, will I be able to travel to India and return with H4 stamping? 

2) What will happen to my h1b extension and change to employer? Will it be changed to consular processing automatically?

3) Will h1b extension and change of employer application have any affect on H4 COS and EAD to be approved? 

4) In consular processing, what will be the process of RFE and approval? Will I have a time limit in which I have to travel to get the stamping done, if approved? 

  

1) Yes.

2) Make sure you withdraw the H-1 petition if your intention is to be on H-4.

3) No

[Robin123]

My intension is to take a short break before resuming work again. I would like to resume my h1b in case there is a decision on revoking the h4 rule this year. Can i drive the h1 to approval without revoking? 

[shekar11#]

On 4/1/2019 at 12:10 AM, Robin123 said:

My intension is to take a short break before resuming work again. I would like to resume my h1b in case there is a decision on revoking the h4 rule this year. Can i drive the h1 to approval without revoking? 

Yes you can leave H-1 as it is then and get it approved. Think it will be a consular processing when it is approved.