H1 to h4 -> Travel to india -> H4 stamping -> Come to US -> H4 to h1

cosh1toh4

By cosh1toh4,
in H1B : H-4 Issues

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cosh1toh4 Newbie

cosh1toh4

Posted
Posted

Hello experts,

 

Below is my scenario.

 

1) on H4 till now

2) Got H1 approved for year 2014

3) Need to go to India in the month of November 2013

4) COS from H1 to h4

5) Go to India, get H4 visa stamped in India in Dec 2013 and come back to US on h4 in Jan 2014

6) Apply for COS from H4 to H1 in Mar 2014 as i will have a confimed job in March 2014

 

Questions,

 

Is my above scenario a possible one?

If I attend stamping for h4 India, will USCIS cancels my approved H1b?

 

Please help me with the questions I have,

 

Thanks.

 

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jairichi Advanced Member

jairichi

Posted
Posted

Hello experts,

 

Below is my scenario.

 

1) on H4 till now

2) Got H1 approved for year 2014

3) Need to go to India in the month of November 2013

4) COS from H1 to h4

5) Go to India, get H4 visa stamped in India in Dec 2013 and come back to US on h4 in Jan 2014

6) Apply for COS from H4 to H1 in Mar 2014 as i will have a confimed job in March 2014

 

Questions,

 

Is my above scenario a possible one?

If I attend stamping for h4 India, will USCIS cancels my approved H1b?

 

Please help me with the questions I have,

 

Thanks.

What is your status now? Have you started working for your H1B employer from Oct 1st 2013? If not then you are out of status.

Yes, your employer can file a COS from H4 to H1B by filing cap exempt H1B petition and paying H1B fees. Takes 2.5 months regular processing and 15 calendar days premium processing.

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jairichi Advanced Member

jairichi

Posted
Posted

I am right now in h1b and My employer is running my payroll.Can you please help me with below question.

 

If I attend stamping for h4 in India, will USCIS cancel my approved H1b?

Good. 

Well, if you are no longer working with an employer then by law your employer has to send a request to USCIS to revoke your H1B petition. However, this will not affect your future H1B petitions filed by prospective employers.

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