amanc Posted November 20, 2015 Report Share Posted November 20, 2015 Hi Everyone, I started working with company A in feb on H1b. In June I switched to H4-EAD and continued to work with the same company on H4-EAD visa. Now for some reasons (my spouse might have to move back to India) I want to come back on H1b with the same current compant on H1-B. Will you just need an I-9 verification with the comapany -A? Or, they will have to file for a new H1b COS all over again? Thanks, Amanc Link to comment
jairichi Posted November 20, 2015 Report Share Posted November 20, 2015 Employer has to file a cap exempt H1B petition. Link to comment
JoeF Posted November 20, 2015 Report Share Posted November 20, 2015 The employer would have to file (and pay for) a new H1 as COS. Link to comment
amanc Posted November 20, 2015 Author Report Share Posted November 20, 2015 Hi Everyone, I started working with company A in feb on H1b. In June I switched to H4-EAD and continued to work with the same company on H4-EAD visa. Now for some reasons (my spouse might have to move back to India) I want to come back on H1b with the same current compant on H1-B. Will you just need an I-9 verification with the comapany -A? Or, they will have to file for a new H1b COS all over again? Thanks, Amanc But I was thinking I have an option to choose and I can go back on my old H1 as my ead filing was concurrent!!! Link to comment
jairichi Posted November 20, 2015 Report Share Posted November 20, 2015 But I was thinking I have an option to choose and I can go back on my old H1 as my ead filing was concurrent!!! Well, your thinking was wrong. Link to comment
JoeF Posted November 22, 2015 Report Share Posted November 22, 2015 But I was thinking I have an option to choose and I can go back on my old H1 as my ead filing was concurrent!!! You were thinking wrong. You can only be in one status at a time. You are in H4 status. To go to H1 status, a change of status has to be filed, which, for changing to H1, means a new H1 petition. Period. Link to comment
vijayk19 Posted May 14, 2016 Report Share Posted May 14, 2016 The employer would have to file (and pay for) a new H1 as COS. My wife is working on H1B (has approval till 2018) and she got approval for COS H4 and H4 EAD on May 11. But we sent out a withdrawal application on May 3, 2016 for COS. 1) Is there any possibility to cancel the withdrawal application as we still receive the withdrawal receipt, if my wife wants to continue in H4 EAD? 2) What will be her status after Withdrawal from USCIS? 3) What will happen after withdrawal of COS H4 and H4 EAD? Can she continue working on Previous H1B? 4) Now that her H4 EAD is approved can she continue working for the same employer on H4 EAD. Please let me know soon. Thanks, Vijay Link to comment
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