H1 to H4 to H1 Transfer with I-140 Approved


TravBuzz

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Hi,

I am currently in 6th year of my H1B visa which is ending Jan 2014. My I-140 is approved. I got admitted to a full-time MBA program recently. Reading from other forums it appears that changing status to F1 will be difficult as I have I 140 approved (due to intent to migrate clause).

The other option I may have is to change my status to H4 (my husband is on H1 visa as well) and then pursue my education.

Here are my questions:

Will there be any issues on getting the H4 visa stamped with I140 approved?

if I change my status from H1 to H4 and complete my education, is it possible for me to come back on H1 visa again with different employer? Considering I will probably have few months left on my H1 visa.

Can the new employer initiate the Green Card Process immediately to get extention on the H1 visa?

Appreciate your help.

Thanks!

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The H-4 is a dual intent visa classification in most cases. An individual is permitted to seek extensions beyond the six year based on any approved I-140 in a backlogged category or valid PERM filed before the end of the 5th year in H-1B classification, even if filed by a different employer. A new employer can start a green card process for a prospective employee at any time.

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