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Hi,
I have a couple of questions regarding change of status from H4 to H1B.
1) I was on H1B till Sep 2009. After that I quit the job and my company changed my status to H4 and got my I-797 back. So now I am in H4 status for 2 years and 3 months.
Presently I have a job offer from a company and I am trying to file for a change of status from H4 to H1B. But I heard from a friend that the change of status from H4-H1B should be done with in 1 year of the COS from H1-H4. Is that true? Does that mean I cannot apply for a COS from H4-H1 now, since it is more than 2 years now after the status changed?
2. If the company is able to file for a COS from H4-H1 and somehow the petition is rejected, what will be my status. Do I retain my H4 status? Or do I have to leave the country immediately?
Can someone please help by answering my concerns. Thank you so much! This is very urgent for me to start the processing.
Thx,
Sunitha
I have a couple of questions regarding change of status from H4 to H1B.
1) I was on H1B till Sep 2009. After that I quit the job and my company changed my status to H4 and got my I-797 back. So now I am in H4 status for 2 years and 3 months.
Presently I have a job offer from a company and I am trying to file for a change of status from H4 to H1B. But I heard from a friend that the change of status from H4-H1B should be done with in 1 year of the COS from H1-H4. Is that true? Does that mean I cannot apply for a COS from H4-H1 now, since it is more than 2 years now after the status changed?
2. If the company is able to file for a COS from H4-H1 and somehow the petition is rejected, what will be my status. Do I retain my H4 status? Or do I have to leave the country immediately?
Can someone please help by answering my concerns. Thank you so much! This is very urgent for me to start the processing.
Thx,
Sunitha
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