H4 to H1 visa

[RM29]

Hi, I am currently on H4 visa since January 2011. I was previously working with a US company from October 2009 to January 2011 on H1-B visa. Now, a company is ready to hire me and wants to change my status from H4 to H1B visa. I wanted to know how much time (weeks/months) it will take for the employer to change my status from H4 to H1B visa? Also, can I work with the employer legally once my papers are filed and I am waiting for the changed status. Please advise. Thank you.

[Attorney_10]

Generally, the USCIS processing times for H1B petitions filed regular processing is 2-4 months and 15 calendar days for petitions filed with premium processing. The USCIS has recently stated that individuals previously on H1B status that are filing a change of status back to H1B (i.e. H1-H4-H1B) must wait until the H1B petition is approved before the employment may begin. Please refer to the Murthy Dot Com website for more information on this topic at: http://www.murthy.com/news/n_portpo.html.

[h1bvisamskumar]

Hi, I am also in same situation and would appreciate a quick reply on this.

I am working with company A on H1B. Company B has filed for my visa transfer and it has got approved - so now I have a approved petition from company B.

For some personal reasons I cannot start work with company B immediately but plan to do it in 3-6 months and company B is ok with that.

So I want to file for my change of status from H1 to H4.

I want to know what is process of rejoining company B after 3-6 months. I already have an approved petition for company B. Can I just join them directly and start working ? will they need to just file LCA again ? Or will they need to file for change of status from H4 to H1 ?

Please advice - since I do not want to apply for h4 change of status if I can land into issues with joining back after few months.

Appreciate quick reply since I need to let company B know by Monday.