H1B to H4 and back to H1B

[kavyas]

Hello,

I hold a Masters degree and currently work full-time on a H1B visa in the same field. My husband works elsewhere on a H1B and will be filing for his H1B extension within the next one month. I am considering quitting my current job and file for a H4 in order to move to my husband’s place. In this regard, we would really appreciate if you can help us find answers to the following questions:

1. If my H4 petition is pending and, if I get a job offer and I am ready to file for a H1B (I am not subject to cap) can I go ahead and apply for the H1B? What happens if this H1B (with premium processing) gets approved while my H4 is still pending?
   
2. Is a H1B to H1B transfer going to be any less challenging technically when compared to a transition from H1B to H4 and back to H1B again? Or, are they going to be the same, as long the potential employer is willing to sponsor my new H1B?
   
3. Is there any restriction on the similarity between my current job description and the potential future job description or is it that as long as I am qualified, the similarity or the lack of it is not an issue? Or in other words, during my transition from H1B to H4 and back to H1B, is it acceptable to have both the H1Bs in slightly different engineering fields and still be exempt from cap for the new H1B filed?
   
4. Say we applied for my husband’s H1 extension and my H4 together, and if we want to do this premium is it just $1,225 or would it be 2 X $1,225, for his H1 and for my H4?
   

Thank you so much in advance,

Kavya

[pontevecchio]

1. You don't file the H1. Your future employer does. A small difference but very relevant. He can. bUT YOU WOULD NEED TO BE PREPARED TO LEAVE AND COME BACK ON A h1 VISA.

2. no

3. no

4. tHE h4 IS FREE.

[Anonymous24]

Hi,

I have a similar querry, Currently I am on L2 visa and my H1B has been filed under pemium processing and I should get the verdict by 2nd Oct 2012, but my husband's H1B has been approved, which means I will not be on L2 from 1st Oct 2012 onwards.

As my employer had filed for H1 earlier, my husban'd company did not file for an H4 and now, since i still don't know the status of my H1, what happens if my husban's company files for an H4 visa (to be on the safer side from going out of status from 1st October onwards, which might get approved after 2nd October ) and then the H1 gets approved by Oct 2nd? Will I be on H1 status or H4 status?

Also can the petitioner withdraw my H4 application if my H1B visa gets approved?

Will I

[pontevecchio]

The H1 with COS has to be approved before the L2 status ends as otherwise the COS will be illegal even if they make a mistake. I would just wait till the H1 decision and then leave and come back with a H4 or H1 visa as appropriate. A few days OOS will not matter. You could talk to a Lawyer to discuss the best option.