shekar41226837 Posted February 10, 2014 Report Share Posted February 10, 2014 When a H4 visa holder applied for H1 this year in April and leaves country in July. What are the ways to be on H1 status in October after comming back to US on H4 status in august. Link to comment
jairichi Posted February 10, 2014 Report Share Posted February 10, 2014 When a H4 visa holder applied for H1 this year in April and leaves country in July. What are the ways to be on H1 status in October after comming back to US on H4 status in august. If H4 visa holder leaves US before a decision is taken on H1B petition then COS is considered abandoned. On entering with H4 visa before H1B start date and to be on H1B status from 1st Oct have to exit and enter US with a H1B visa and I797 or employer files for COS to H1B and pay H1B fees again. If H4 visa holder leaves US after a approval of H1B petition along with COS approval then after entering later with H4 visa by 1st of Oct will automatically move to H1B status. Link to comment
pontevecchio Posted February 10, 2014 Report Share Posted February 10, 2014 The employer would need to file another H1 petition with COS. Why the antipathy to getting the H1 visa? Link to comment
shekar41226837 Posted February 15, 2014 Author Report Share Posted February 15, 2014 If H4 visa holder leaves US before a decision is taken on H1B petition then COS is considered abandoned. On entering with H4 visa before H1B start date and to be on H1B status from 1st Oct have to exit and enter US with a H1B visa and I797 or employer files for COS to H1B and pay H1B fees again. If H4 visa holder leaves US after a approval of H1B petition along with COS approval then after entering later with H4 visa by 1st of Oct will automatically move to H1B status. jairichi, thank you for the information. This is new to me and will certainly help me in taking right decisions. I have couple more questions, can you help with those either; 1) When H4 candidate went out of US after applying for H1 and come back before H1 is approved, can he update I-94? 2) Is that true if the candidate remains in H4 status even after H1 approval, because of COS abandon; that candidate was eligible for CAP exempt; because he/she was already approved for H1 once. Link to comment
jairichi Posted February 15, 2014 Report Share Posted February 15, 2014 jairichi, thank you for the information. This is new to me and will certainly help me in taking right decisions. I have couple more questions, can you help with those either; 1) When H4 candidate went out of US after applying for H1 and come back before H1 is approved, can he update I-94? 2) Is that true if the candidate remains in H4 status even after H1 approval, because of COS abandon; that candidate was eligible for CAP exempt; because he/she was already approved for H1 once. 1. I do not think so. COS stands abandoned. 2. Yes, that is correct. Link to comment
shekar41226837 Posted February 20, 2014 Author Report Share Posted February 20, 2014 1. I do not think so. COS stands abandoned. 2. Yes, that is correct. jairchi, I see you answered so many questions, in helping people you even don't know. Thank you very much for your precious time and patience. Link to comment
jairichi Posted February 20, 2014 Report Share Posted February 20, 2014 jairchi, I see you answered so many questions, in helping people you even don't know. Thank you very much for your precious time and patience. You are welcome. The idea of having a forum is to help others. All members are doing that. Link to comment
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