Change of status from H1 to H4

[djaks111]

Hi,
My wife has a valid H4 till sep-2011( I had valid H1 till that date).
She got H1 with COS by Oct-2009.
Iam planing her get back to her H4 status after Oct-2009 and bring her on to H1 in next year second Qtr. can i do this without going out from US.
Now, who should apply status change, employer or can i apply what is the process. how soon should i need to apply for it. what is the process.
If i get thru with the status change, can i bring her on H1 in the next year using the existing approved H1(approved with COS by Oct-2009).
Thanks.

[txh1b]

All scenarios seem possible. She can follow leap frog and enter on H4 by leaving in september and returning in October without going through a COS procedure. She can also apply for H4 cos before Oct 1st and get it done in US.

Read more.

[kavya111]

Thanks txh1b. actually iam trying to avoid travel because she cannot go alone and if i go to canada im little concern about my H1 stamping though i maintained a valid status all of my US stay. that is the reason for looking for applying status change.
And she can come back to H1 in next year right?(with emendment) even we walk through status change now.
Finally who will apply for status change ? employer or me ?

[txh1b]

You as employer has got nothing to do with H4 and make sure you do it now by including the H4 I-94 and the H1b COS approval copy as the mailroom may return it if they see the H4 I-94 being valid more than 6 months without paying attention to the fact that a H1b COS was approved.

[djaks111]

Thanks txh1b, can i bring back on to H1(after 6 months) if i do change of status. lets assume employer did not revoke the H1.

[txh1b]

These have been answered again and again. I said everything is possible. Please read the FAQs.

[djaks111]

thanks txh1b now iam clear.
looks like may be i need to take immigration attorney help in applying Change of status.
thanks.

[djaks111]

Hi txh1b,
Do we need to apply the change of status back to H4 before H1 cos effective date? or can i do that immidiatley after status changed to H1(with in days).
Thanks.

[djaks111]

Hi txh1b,

Few more questions in my mind.
if i choose leap-frog and come back on H4, can she work(use) on H1 after couple of months without any change of status?

if iam applying for change of status to H4 :
Do we need to apply the change of status back to H4 before H1 cos effective date? or should i do that immidiatley after status changed to H1(with in days -my employer saying this).

another question, how long H1 amendment takes(approximatley) once applied.

Thanks and i would really appreciate your help.

[txh1b]

Hi txh1b,
Do we need to apply the change of status back to H4 before H1 cos effective date? or can i do that immidiatley after status changed to H1(with in days).
Thanks.

All scenarios seem possible. She can follow leap frog and enter on H4 by leaving in september and returning in October without going through a COS procedure. She can also apply for H4 cos before Oct 1st and get it done in US.
Read more.

I see that your question was already answered here.

[txh1b]

Hi txh1b,

Few more questions in my mind.
if i choose leap-frog and come back on H4, can she work(use) on H1 after couple of months without any change of status?

if iam applying for change of status to H4 :
Do we need to apply the change of status back to H4 before H1 cos effective date? or should i do that immidiatley after status changed to H1(with in days -my employer saying this).

another question, how long H1 amendment takes(approximatley) once applied.

Thanks and i would really appreciate your help.

One has to be on that status before using any benefit provided by that status. If she is on H4, how can she use H1 without a COS being approved? Not possible.

I have already answered the second part of the question. It has to be done BEFORE Oct 1st as once she is on H1b, it is mandatory that she works and gets paid. Amendment takes the same period as a regular H1b approval.

Read other posts.