Temporary transfer of H1-B to H4


visaquery6

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Hello, 

 

I have been working on H1-B for about 2.3 years now under company A. I might get into situations where I need to transfer to H4 visa type. My company A would still hold my H1-B.

 

I would like to know:

 

1) What is the procedure to change the status from H1 to H4? Can we do it ourselves by sending a letter to IRS?

 

2) When I wish to re-transfer to my H1-B, will I fall under the regular H1-B cap? 

 

3) How long will it take to convert from H4 to H1-B?

 

4) While I am on H4 visa, if I get an offer from company B, can company B directly transfer my status from H4 to H1? (or should the transfer to H1-B be made by company A only)

 

Look forward to your reply.

 

Thanks in advance.

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Hello, 
 
I have been working on H1-B for about 2.3 years now under company A. I might get into situations where I need to transfer to H4 visa type. My company A would still hold my H1-B.
 
I would like to know:
 
1) What is the procedure to change the status from H1 to H4? Can we do it ourselves by sending a letter to IRS?
 
2) When I wish to re-transfer to my H1-B, will I fall under the regular H1-B cap? 
 
3) How long will it take to convert from H4 to H1-B?
 
4) While I am on H4 visa, if I get an offer from company B, can company B directly transfer my status from H4 to H1? (or should the transfer to H1-B be made by company A only)
 
Look forward to your reply.
 
Thanks in advance.

 

1. Yes, you can do it yourself. Fill an !539 application and send it to USCIS with relevant documents and fee.

2. You are cap exempt.

3. Regular processing 3 to 4 months. Premium processing 15 calendar days.

4. Yes, company B files a cap exempt H1B petition with COS from H4 to H1B.

Link to comment

 

Hello, 
 
I have been working on H1-B for about 2.3 years now under company A. I might get into situations where I need to transfer to H4 visa type. My company A would still hold my H1-B.
 
I would like to know:
 
1) What is the procedure to change the status from H1 to H4? Can we do it ourselves by sending a letter to IRS?
 
2) When I wish to re-transfer to my H1-B, will I fall under the regular H1-B cap? 
 
3) How long will it take to convert from H4 to H1-B?
 
4) While I am on H4 visa, if I get an offer from company B, can company B directly transfer my status from H4 to H1? (or should the transfer to H1-B be made by company A only)
 
Look forward to your reply.
 
Thanks in advance.

 

Their is nothing called holding H1 application. Once you file for COS to H4 then your H1 is gone but next time when a new employer files your H1 that will be a cap exempt petition.

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