Change of Status H1-H4-H1


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I was on my H4 visa and based on that my I-94 and I-797 will get expired on October 31, 2015 (just one month from now). This expiry date is as same as my husband’s H1b visa expiry date. I got my H1b approval (H4 to H1b Change of Status) recently. I didn’t get any project and not able to start working yet. Meanwhile, my husband's company is filing his H1B extension. Please advise on the following:

  1. Should H4 extension be filed along with H1b extension as I have not started working yet?
  2. If I do H4 extension then I believe it would cause my status to change from H1b back to H4. If my status changes from H1b to H4 then does that have any negative impact on my H1B visa?
  3. Normally how much time does it take to change status from H4 back to H1b?
  4. Being in H4 will it be possible to transfer my h1B visa from current employer to a new employer?

Thanks in advance.





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1. You have 60 days to report to employer from 1st Oct on H1B. If you decide not to work then file a COS to H4 on or before Oct 1st.

2. What do you mean by negative effect?

3. 15 calendar days by PP and 4 to 5 months by regular processing.

4. Yes, if you have worked for H1B employer who filed your cap subject H1B petition.

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