H1 B To H4 (COS) and Again from H4 to H1 (COS) For Same Old Employer

M

ManishGupta8

New Member
Hi,
This question is for my wife.

My wife came here on H1 in Dec 2005. Since from then (Dec 2005) she is working for same employer on H1B Visa.Her old Visa and old I797 are valid till 30th Sep.
Recently her employer told her to move to another state which is very far from my office location.Due to certain reasons I cannot switch my job as of now.
During this time she has also filled her extension from same employer and yesterday she recieved her new I797 (With I94 attached) approval for same employer.
But due to location constraint she want to quit from job and come on H4.
So current status is :-
1) She has Old Visa and Old I797 valid till 30th Sep 2008.
2) She has new approved I797 (from same employer) which is valid from 01-Oct-2008 to 30-Sep-2011.

Now I have the following questions :-

1. Due to location constraint if she changed her status from H1 to H4 and later on again if she want to come on H1 for same employer. Is this possible ??
2. If answer to 1st question is yes, then can she even file for H1B Transfer later (Assuming she moved from H1-->H4, but later again she want to come back on H1 with different employer).

Can anyone answer these questions? I appreciate your help.

Thanks,
Manish G
 
You can change H1 to H4, H4 to H1 or any other non-immigration status as many time as you want.
H1 sponser may be same one or entirely different one.



ManishGupta8 said:
Hi,
This question is for my wife.

My wife came here on H1 in Dec 2005. Since from then (Dec 2005) she is working for same employer on H1B Visa.Her old Visa and old I797 are valid till 30th Sep.
Recently her employer told her to move to another state which is very far from my office location.Due to certain reasons I cannot switch my job as of now.
During this time she has also filled her extension from same employer and yesterday she recieved her new I797 (With I94 attached) approval for same employer.
But due to location constraint she want to quit from job and come on H4.
So current status is :-
1) She has Old Visa and Old I797 valid till 30th Sep 2008.
2) She has new approved I797 (from same employer) which is valid from 01-Oct-2008 to 30-Sep-2011.

Now I have the following questions :-

1. Due to location constraint if she changed her status from H1 to H4 and later on again if she want to come on H1 for same employer. Is this possible ??
2. If answer to 1st question is yes, then can she even file for H1B Transfer later (Assuming she moved from H1-->H4, but later again she want to come back on H1 with different employer).

Can anyone answer these questions? I appreciate your help.

Thanks,
Manish G
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