H1 to H4 to H1 Transfer with I-140 Approved


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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.


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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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