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Can I switch from H4 to H1 if I have still 2 years left on H1B

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  • Can I switch from H4 to H1 if I have still 2 years left on H1B

    I am currently working with employer A and my current I-94 will expire in 3 weeks. My current employer A is not filing for an extension.
    If I don't find a new employer before my I-94 expires, I plan to switch to H4 before that since my spouse has H1B.

    I have 2 years left on my H1B (per 6 year limit).

    Can I move back from H4 to H1B if I find an employer later ?

  • #2
    Originally posted by USA2013 View Post
    I am currently working with employer A and my current I-94 will expire in 3 weeks. My current employer A is not filing for an extension.
    If I don't find a new employer before my I-94 expires, I plan to switch to H4 before that since my spouse has H1B.

    I have 2 years left on my H1B (per 6 year limit).

    Can I move back from H4 to H1B if I find an employer later ?
    Technically its possible, the issue that happens is that it can take upto 3-6 Months for a H4 approval, and there is no premium processing for it. And if during that time you get a job and decide to go back to H1 it becomes complicated if you dont leave and re enter with a new H1 stamping. If you are in US, you would have H1 to H4 pending as well H1 transfer pending with USCIS complicating things.

    This is my opinion not legal advice.

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