H1B to H4 and then to H1B: Need Immediate help

[gspradeep]

Hi,

I have a stamped H1B (valid till 2015) and I am working for an American Employer.

I am planning to take a break (Quit) and be a H4 dependent to my Husband.

Later if I plan to re-join work for the same employer or a different employer…

1) Would it be a H4 to H1B status change? Or what is the process?

2) Is there any legal complication related to point #1?

3) And when I quit now, should I have changed my status from H1b to H4 already or can I do that after I quit?

Please reply to my questions asap and help.

Thanks.

[rangadu]

1. Yes it will be a H4-H1 COS. i.e, filing I-129.

2. Depends on your specific case details. Generally no.

3. You should have applied for COS to H4 (and received a receipt) before you stop working.