H1 to H4

[maheshlopu]

Hi All,

I need some help regarding COS from H1 to H4


Question 1:
I've applied for H1 extn and got RFE. My company is replying for RFE very soon. But in case my H1 extn is denied, Can I stay in US and apply for H4 Visa, since my spouse has Valid H1B visa. Otherwise, Do i need to go out of the country and re enter with H4 visa?

Question 2:
Once i've H4 visa, Can i re-apply for H1 visa? Since I've did not complete 6 years in my current H1B cap?

Thanks for your time

Mahesh

[kabkaba]

Hi All,

I need some help regarding COS from H1 to H4


Question 1:
I've applied for H1 extn and got RFE. My company is replying for RFE very soon. But in case my H1 extn is denied, Can I stay in US and apply for H4 Visa, since my spouse has Valid H1B visa. Otherwise, Do i need to go out of the country and re enter with H4 visa?

If your I-94 has not expired at that time, you can apply for change of status to H4. Otherwise, you will have to leave the US, apply for H4 visa at a consulate and return in H4 status. This assumes your spouse is maintaining H1 status.

Question 2:
Once i've H4 visa, Can i re-apply for H1 visa? Since I've did not complete 6 years in my current H1B cap?

Yes, time spent in the US in H1 status counts against 6 year limit.

Thanks for your time

Mahesh

See above.