H1b To H4 cos while in India / US ( Emergency )


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Hi All,

I am holding a H1b valid tilll 2015. I got approval in sep 2012 and work permit from oct 2012.

After getting the h1b approval, i transferred my visa to employer B and worked from Nov 2012 to March 2013 (only 4 months ). Now, because of an emergency i have to go to India for one month ( April 30th to May 30th ). My client rejected the leave and my employer do not support for stamping.

So, i am planning to revoke my visa and apply for H4. But , when we apply for cos i know that we cannot cross the country.

Is it possible to go on h1b and apply for cos while in India and come back on h4 to us. (In the past i have only h4 stamping on my passport and not h1b. So, when i apply for h4 being in india do i need to go for the interview once again ?)

Also, how long will it take for transfer from h1b to h4 . While Cos is under processing, if i am in India, can i fly to US (or) will i get stuck in India.

Since, my h1b is under cap exemption. After comming back , can i transfer my h1b again if any employer is willing me to sponser a visa. (any issues around this ?) (or) being in India, can i take interviews here and once i crack if the employer is willing to do a transfer should i go for transfer once again ? (or) can i ask my current employer to search an other job while am in India and can i come on H1b stamping ?

I would appreciate all the advices as i have an emergency and had to go for One month and just for a month i want ur valuable suggestions so that i can come back and work again .

Any help will be greatly appreciated. Please do give me your valubale inputs.

Thank you !

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  • 4 weeks later...

I just contacted an Attorney and am pretty confused with their answer as well. They said i can give the resignation and leave the country immediately and can come on my previous h4 as i have valid stamping. The lady said i need not apply for cos.... am confused .

All the attorneys are saying the absolute correct thing. I think you are confused because you, for some reason, "believe" that you need to apply for a COS while in India. You need not and you cannot. Your visa status ends when you leave the country. Don't get confused with visa and visa status.

The truth is that you can have more than one Visa on your passport (all valid). When you enter the US, you can specify which visa you are entering on. And the CBP officer gives you the I-94 based on that visa. For example, you can have a B1/B2, L1 and H4 visa on your passport. When you enter, you can specify that you want to enter on H4 and you will get the I-94 with H4 status. Your status will remain H4 for your that stay in the US (unless you choose to apply for a change).

Also, all the visa status expire when you leave the USA. So, in your case, when you leave the USA on H1 status, your H1 status is gone. No need to apply anything. Similarly, when you enter on h4 the next time, you will be on h4. I hope this helps.

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