H1 to H4 to H1

[anjana1980]

Hello . I am currently in USA and holding H1B visa , working now for around. 2 yrs . Now my husband got a different job and hence i am planning to move to H4 as I am not getting a job in the new location . I would like to know how soon can I move to H1 status if I get new job in new location . Also, my husband is also in H1 status.

Please let me know if there is anything I should be worried on the COS. Thanks!

[raghvi]

Hello . I am currently in USA and holding H1B visa , working now for around. 2 yrs . Now my husband got a different job and hence i am planning to move to H4 as I am not getting a job in the new location . I would like to know how soon can I move to H1 status if I get new job in new location . Also, my husband is also in H1 status.

Please let me know if there is anything I should be worried on the COS. Thanks!

The biggest worry is time. It can take upto 6 Months for H1 to H4 COS to approve. And without H1 to H4 approval first you cannot file H4 to H1. You can avoid dependency on time and save a lot of it if you leave US and re enter on H4 visa.

This is my opinion not legal advice.

[anjana1980]

Thanks for the reply. So in the mean time i.e if I get a job from the current employer/new employer is there a provision for withdrawing the COS and then directly move to H1 using premium processing . Thanks !

[raghvi]

Thanks for the reply. So in the mean time i.e if I get a job from the current employer/new employer is there a provision for withdrawing the COS and then directly move to H1 using premium processing . Thanks !

If you withdraw the pending COS you will go out of status.

This is my opinion not legal advice.

[anjana1980]

Thanks Raghvi , so another thing after getting the
H4 receipt and then I find a new employer who is willing to offer a job and if that H1 is approved in premium then can I send a withdrawal notice of my earlier H4 ? Thanks !