H1 to H4 change of status questions

[praveen64]

* My wife is currently on H1 and wants to change to H4. She will be employed until August 20th.
* Employer will withdraw H1 petition on August 30th.


I have the following questions:

1) If she applies for Change of Status to H4 before August 20th, will she be in valid status while the H4 COS application is pending? I understand it might take between 2~4 months for COS decision.

2) If she later wants to change back to H1 later, will she have to wait for availability of that years H1 quota? Or will she be counted against her previous H1. (Note that her employer will be withdrawing her H1 petition)

 

[ginnu]

* My wife is currently on H1 and wants to change to H4. She will be employed until August 20th.
* Employer will withdraw H1 petition on August 30th.


I have the following questions:

1) If she applies for Change of Status to H4 before August 20th, will she be in valid status while the H4 COS application is pending? I understand it might take between 2~4 months for COS decision.
------------------- She can File the H1 to H4 COS before August 20 (Petition must reach USCIS BEFORE the employer withdraw H1 petition) once she file H1 to H4 COS she will be in status
2) If she later wants to change back to H1 later, will she have to wait for availability of that years H1 quota?
---------NO ,she is not subject to cap and new employer/ lawyer should file H4 to H1 COS and on cover letter explain that her first H1 was approved on date..... attach any evidence like H1 approval copy, copy of her past I-94 based on H1 status
Or will she be counted against her previous H1. (Note that her employer will be withdrawing her H1 petition)

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