h1-h4-h1 transfer

C

cpuri

Registered Users (C)
Hi,

My wife is currently on H1. Due to preg I am thinking of transfering her to h4 (COS) for about 7-8 months. Once she feels comfortable she would like to start working again. In this case we would need h4 to h1b COS again.
Ques 1: Will h4-to-h1 transfer (while the h1 visa is still valid) be counted against a fresh quota or will this be just a COS application.
Ques 2: h1-to-h4 requires I539 (application fee = $300) but which form is required for h4-to-h1 and how much is the fee for that.
Ques 3:How much time does it takes to get the COS for h1-h4 and h4-h1 ?
Ques 4: If my wife travels to India when her h1-h4 is done, while coming back to US will she have to get her H4 stamping done ? Would his have any impact on her h4-to-h1 COS application which will be filed after she comes back from India.

Awaiting response....
Thanks
 
Answers below:
1. No that wont be subjected to quota.
2. I don't think that will be simply I-539 ... her employer need to apply a new H-1B with regular documents.
3. 3 to 4 months - please note that H-1 to H-4 cannot be processed under premium services.
4. Suppose her H-4 gets approved and she travels to India. If she intends to stay in the U.S. on H-4 then it's better for her to get the visa stamping done. Otherwise, if she enters the country on her existing H-1B stamp then she must get employed to be in-status.
 
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