If H1 stamping is fail, come to usa in H4 and convert to H1

[sachin.gupta15@yahoo.com]

Hi Murthy forum,

 

Thanks for good content on the visa issues, those are really helpful.

 

I have following question.

 

Me and my wife both are working in USA on H1B visa. Independet H1B from different employer.

We are going India and then need to go for H1B stamping.

 

If one H1 is rejected in stamping, then other person can come on H4.

 

As H4 person was earlier having an H1 status, can he change his status from H4 to H1, after entering usa? do we need to file cos petition or it is as easy as you already have H1 and just for entering purpose using H4, and after entering in usa, you can continue working on H1 as earlier?

 

we are leaving in next 2 days, urgent help would be appreciated.

 

Thanks

Sachin Gupta.

 

[jairichi]

Hi Murthy forum,

 

Thanks for good content on the visa issues, those are really helpful.

 

I have following question.

 

Me and my wife both are working in USA on H1B visa. Independet H1B from different employer.

We are going India and then need to go for H1B stamping.

 

If one H1 is rejected in stamping, then other person can come on H4.

 

As H4 person was earlier having an H1 status, can he change his status from H4 to H1, after entering usa? do we need to file cos petition or it is as easy as you already have H1 and just for entering purpose using H4, and after entering in usa, you can continue working on H1 as earlier?

 

we are leaving in next 2 days, urgent help would be appreciated.

 

Thanks

Sachin Gupta.

Yes, if one gets a H1B visa then the other can enter on H4. But, to work in US a COS has to be filed by employer and employer has to pay again all H1B fees. I am sure your employer will not be happy if you take this route. And, it takes more than 2.5 months to get approval in regular processing and 15 calendar days by premium processing.

[pontevecchio]

You cannot continue working if you come back in H4 status. If your visa is denied you can come over in H4 status and the employer has to file another H1 petition with COS from H4 BEFORE you start work.

[rahul412]

As H4 person was earlier having an H1 status, can he change his status from H4 to H1, after entering usa? do we need to file cos petition or it is as easy as you already have H1 and just for entering purpose using H4, and after entering in usa, you can continue working on H1 as earlier?

You need to file COS. And if your earlier H1 visa was rejected, then I don't think your COS will be approved unless and until you correct your mistake which you made during your earlier H1.

[Navz]

It will be of great help if someone responds to my question. Thanks.

[rahul412]

It will be of great help if someone responds to my question. Thanks.

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