H4 to H1B status change

Kumar Honnal

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I am currently on H4. I applied for H1b this year with COS and I received a RFE and its currently under process. If it gets approved my H1b will be effective from Oct 1st 2015.  Due to certain personal issues I can not work.


1) Please let me know how can I continue being on H4 status?


2) Incase if i have to use H1b next year what is the process?


3)Do I need apply for H1B all over again? or it will be just cap exempt?


4) If it is cap exempt do i need to wait until April 2016 to apply H1B petition or can I apply any day in an year?


5) How long is the processing time for H1b if I apply cap Exempt?




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1. After Oct 1st or later (whenever your COS is approved) apply for COS to H4 or exit and enter US with a valid H4 visa and a copy of your spouse's I797.

2. Only if your H1B petition is not revoked before Oct 1st you are cap exempt.

3. Refer 2.

4. Anytime of the year.

5. 3 to 4 months by regular processing.


I would suggest you to work for H1B employer at least for a week or two and later apply for COS to H4.

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