H1 B - H4 and Back to H1 B

[gayuamlu]

Hi ,

I hold a H1 B visa which is valid until July,2018. The H1 B petition is approved for 'New York' location.
I wanted to relocate to 'California' to join my husband , but my employer couldn't find any projects for me in California.
Hence for time being I have travelled to California in H4 (of my husband's H1B).

Questions:
1. If i find a job here in Cali, I have to apply for COS from H4- H1 and also should file an Amendment for my H1 B (for california location ). Is that right ?
2. Is there any particular order in which the above has to be done ? ie. Should i first do COS and then file the amendment or vise versa?
3. Can I do all of these transfers without traveling out of USA?
4. In case i leave USA, I can re-enter with the new approved H1petition (for California location) and there won't be any need for COS. Is that right ?
5. How much time does it take for the COS and Amendment process ?

Thanks in advance for your time!

[raghvi]

Hi ,

I hold a H1 B visa which is valid until July,2018. The H1 B petition is approved for 'New York' location.
I wanted to relocate to 'California' to join my husband , but my employer couldn't find any projects for me in California.
Hence for time being I have travelled to California in H4 (of my husband's H1B).

Questions:
1. If i find a job here in Cali, I have to apply for COS from H4- H1 and also should file an Amendment for my H1 B (for california location ). Is that right ?
2. Is there any particular order in which the above has to be done ? ie. Should i first do COS and then file the amendment or vise versa?
3. Can I do all of these transfers without traveling out of USA?
4. In case i leave USA, I can re-enter with the new approved H1petition (for California location) and there won't be any need for COS. Is that right ?
5. How much time does it take for the COS and Amendment process ?

Thanks in advance for your time!

1. Yes.
2 &3. All can be filed together while in US.
4.Yes.
5. 2-4 weeks in premium, 2-4 Months in normal. Without RFE.
This is my opinion not legal advice

[mindrd]

1. Yes.
2 &3. All can be filed together while in US.
4.Yes.
5. 2-4 weeks in premium, 2-4 Months in normal. Without RFE.
This is my opinion not legal advice

1) No you do not have to file a change of status from H4 to H1 and an amendment of your previously accorded H1B status at the same time. If you find employment in California outside your current work, you will need to either file "New Employment" and a COS on the I-129. You could also do counselor processing in which you do not need to do a change of status, but it may cost your more since you have to pay the counselor's fees for the visa.
2) typically you do it at the same time. If you go work for another company, I would apply for a change of status and extension of your H1B, as an amendment usually does not include an extension, but it could, (lots of ways to file actually).
3) all of these options can be done while in the US, however, if you do a change of status from H4 to H1, you should not leave the US until the petition is approved. If you leave the country while your change of status is pending, that portion requesting a change of status will be denied as you have abandoned your Change of status. If the classification is approved, you can still counselor process. For extensions you can travel outside the country as long as you were physically present at the time of filing.
4) If you counselor process, you can come back without filing a change of status. Also you do not need to be physically present at the time of filing, a requirement for both extensions and change of statuses.
5)If it is premium, it could take anywhere from approximately 15 days to 119 days. depending if an RFE was sent and the response time it took to respond. With regular processing, it is taking anywhere from 7 months to 11 months currently.

[gayuamlu]

1) No you do not have to file a change of status from H4 to H1 and an amendment of your previously accorded H1B status at the same time. If you find employment in California outside your current work, you will need to either file "New Employment" and a COS on the I-129. You could also do counselor processing in which you do not need to do a change of status, but it may cost your more since you have to pay the counselor's fees for the visa.
2) typically you do it at the same time. If you go work for another company, I would apply for a change of status and extension of your H1B, as an amendment usually does not include an extension, but it could, (lots of ways to file actually).
3) all of these options can be done while in the US, however, if you do a change of status from H4 to H1, you should not leave the US until the petition is approved. If you leave the country while your change of status is pending, that portion requesting a change of status will be denied as you have abandoned your Change of status. If the classification is approved, you can still counselor process. For extensions you can travel outside the country as long as you were physically present at the time of filing.
4) If you counselor process, you can come back without filing a change of status. Also you do not need to be physically present at the time of filing, a requirement for both extensions and change of statuses.
5)If it is premium, it could take anywhere from approximately 15 days to 119 days. depending if an RFE was sent and the response time it took to respond. With regular processing, it is taking anywhere from 7 months to 11 months currently.

Thank you very much for your answers!

Just to confirm if I understand you right.

1. If it is a new employer , I will have to file both 'New employment' & 'COS'?
2. By Consular processing you mean Green Card?
3. If I find a project in my current company will it be 'Amendment for location change? ' or 'I can file an extension' ?

- - - Updated - - -

1. Yes.
2 &3. All can be filed together while in US.
4.Yes.
5. 2-4 weeks in premium, 2-4 Months in normal. Without RFE.
This is my opinion not legal advice

Thanks much Raghvi, is of great help!

[mindrd]

Thank you very much for your answers!

Just to confirm if I understand you right.

1. If it is a new employer , I will have to file both 'New employment' & 'COS'?
2. By Consular processing you mean Green Card?
3. If I find a project in my current company will it be 'Amendment for location change? ' or 'I can file an extension' ?

- - - Updated - - -

1. Correct, you are currently in H4, and you are not under H1B status anymore. As a result, you will need to file New employment and a change of status on the I-129 form.
2. Counseling processing refers to having your immigration matters taken care of overseas at a US Consulate.
3. because you are in H4 now, you will need to file a new employment and change of status. It will be easier to do this in the US and not consular process.