H1b to H4 and later back to H1B: Need urgent help


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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.


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1. It would be similar as applying for a fresh H1B. (I-129 form) But you will not be considered in a cap. In fact, you can do a premium process and get the H1B within 15 days. You will not have to wait unitl Oct to start working on new H1.

2. I hope not. But I am not sure. I spoke with couple of Imigration Lawyers and they have not mentioned any problem.

3. Do NOT quit before change your status. After your last day at work, you are out of status if you do not have any other visa. You certainly do NOT want that to happen to you. Apply for your H4 (Change of status - I-539) before last day of your work. Make sure USCIS gets your papers before your termination date.

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