H1B to H4 and back to H1

[MobileData31]

Hi,

 

I had applied change of status from H1B to H4 and currently awaiting approval.

Between I have plans to join my original H1B employer, Please guide me on the steps to reinstate my H1B.

 

1. Can I withdraw my pending H4 COS application and continue working on H1B straight away without any H1B amendment/application?

 

2. If H4 COS is approved, What should be the process?

 

Please advice, Thanks

 

 

 

 

 

 

 

[jairichi]

1. Your employer would have revoked H1B petition as by law it has to be done so once employee leaves. 

2. Employer files a cap exempt H1B petition and on approval you can work.

[livliv]

1. Check with your employer if they have withdrawn their petition or not.

If not withdrawn, you can withdraw your COS application by sending a letter and then join the employer. Remember if you have stopped maintaining H1 status, your period of unemployment will be considered out of status period and may cause problems for you in future.

If they have withdrawn, they will have to file again but it will be cap-exempt. You will be able to join only after it is approved. Since you are not working right now, it will be approved without I-94. You will have to leave the US and return using this petition to start working.

 

2. If it is approved you will need to get cap-exempt petition and like above. But you can get change of status within the US. You cannot start working before approval. Sometimes, USCIS will not consider your COS withdrawal letter and still approve the COS. But they will consider the letter later and retro-actively cancel the COS.

[JoeF]

1. Check with your employer if they have withdrawn their petition or not.

If not withdrawn, you can withdraw your COS application by sending a letter and then join the employer..

 

And the OP would be entitled to back pay for the time he wasn't working there. The employment is only considered terminated for H1 purposes when the employer has informed USCIS that the person no longer works there, which results in H1 revocation.