H1 to H4 processing time outside US

[mrsani]

Hi,

I've got my H1 till Sep 30. My spouse is already in USA and my Indian employer not able to find opportunity in US for me.

Now I'm planning to have H4 visa and join my husband as soon as possible.

What is the procedure to do this? Do I need to change status from H1 to H4? or can I apply for fresh H4 and my India employer will do cancellation of H1 if they want to?

Also once I enter US on H4, how early can I change my status to H1 if I got new employer there?

I'm asking too many question but waiting for opportunity is very difficult when you are not staying with your spouse.

Please advise.

Thanks,

Mrs. Ani

[krialta]

Change of status is applicable only when you are in USA. Whether your employer files H1B cancellation is up to him and your H4 visa has nothing to do with it.

Your husband has to send required documentation to you. Once received apply for H4 at American consulate.

If your Indian employer has not withdrawn your H1B, then you have to find an employer who will file cap-exempt with COS from H4 to H1. Processing time varies so will not comment but it would also depend if it is regular or premium processing.