H1B to H4 COS


android.dmk

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I have been on H1 B and employed since Oct 2015. Due to certain circumstances I'm thinking of cancelling my H1 B status now and thinking on getting back to H4 visa status.


 


1) Do i need to ask my employer to file COS or can I file it on my own? (my husband has valid work visa until Oct 2017) 

2) If I can file COS on my own do I need to inform my employer before initiating this process?

3) I read in a couple of blogs that it takes more than 5-6 months for the change of status to take place; if I file - can i travel outside of the US  during this time?

 

Please help me with your responses.

 

Thanks.



 


1) Do i need to ask my employer to file or can i file 

2) I heard that it takes more than 5-6 months. If i file - can i travel outside of the US ?

3) do I need to tell my employer in advance before I  file the COS?

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  • 2 weeks later...

@pontevechio:

 

by this " But you can return with a H4 visa and your spouses H1 approval to get back in H4 status."

 

are you also implying that @android will have to go to consulate in home country. At least that's what the attorney I spoke to said we must be doing - he in fact advised against filing a COS from within US on account of the time duration and instead advised going back to home country and opting for the consular route.

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  • 3 weeks later...

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