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Do the same employer has to convert H4 to H1 back?

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  • Do the same employer has to convert H4 to H1 back?

    Hello,

    My wife arrived in USA in Apr 2008, her H1 was from Oct 2007 to sep 2010. She worked for almost a year and then lost the job.Her employer suggested her to convert her status to H4 (dependent to me) and she converted to H4 in June 2009, the employer said once she gets a job he will convert her to H1 back.But because of the market conditions she did not get any contract offers till now but recently she is finding some full time jobs.My question is Do the same employer has to convert her back to H1 or any other employer can do? I mean if she gets an opening in some XYZ company for full time permanent can she go for that? can that XYZ company convert her H4 to H1 back.

    Kindly clarify my doubts please.

    thanks in advance

  • #2
    Any company that has a job for her can file a H1B petition with COS from H4 to H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      hariom

      thanks

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