H1 to H4 to H1

K

kaushys

New Member
Hi,
My wife has been on H1b Visa for the past 2 yrs. But she is losing her job and we are deciding to get her on a H4 visa. I would like to know the restrictions when she plans to come back to H1 visa.
I know that she won't be falling under the cap but here are my questions

1) Assuming she gets a new job and the company is ready to sponsor her visa. How different would the H4 to H1 be as compared to a simple H1 transfer to a new company?
2) Can she start working right away once the new company applies for H1 or will she have to wait for its approval which could be as less as a couple of weeks if done via premium processing?
3) Do companies have a problem transfering H4 to H1 visa?
4) Is this more expensive for companies to do as compared to transfer H1 from a different company?

Thank you
 
kaushys said:
Hi,
My wife has been on H1b Visa for the past 2 yrs. But she is losing her job and we are deciding to get her on a H4 visa. I would like to know the restrictions when she plans to come back to H1 visa.
I know that she won't be falling under the cap but here are my questions

1) Assuming she gets a new job and the company is ready to sponsor her visa. How different would the H4 to H1 be as compared to a simple H1 transfer to a new company?
----------------Employer need to file H4 to H1 Change of status. once COS gets approved she can work on H1 (if she gets her H1 approval notice with I-94 attached)
2) Can she start working right away once the new company applies for H1 or will she have to wait for its approval which could be as less as a couple of weeks if done via premium processing?
----------------------Once approved
3) Do companies have a problem transfering H4 to H1 visa?
---------------depends on employer.
4) Is this more expensive for companies to do as compared to transfer H1 from a different company?
----------same fees.
Thank you
Click to expand...

--------------
 
Thank you for your prompt reply.

So bottomline the difference between

1) H 1 from company A to H1 from company B

And

2 )H4 to H1 with any new company

Is the start date of the job.

With H1 to H1 transfer you can start working once you receive the receipt which is typically never more than 2 weeks.

But with H4 to H1 COS it will take a couple of months and you cannot start working untill it gets approved.

So the next question is whether the H4 to H1 transfer can be done via premium processing?
 
I have my wife in similar case, she has completed her last project couple of months back and she cldn't find another one now. Her company is not currently paying her for couple of months since she was not feeling well wanted to take a break. We want to change her status to H4 now and want to use H1 when gettting a new job. My question is will there be a problem for her to go from H1-H4 COS and when she wants to goback from H4-H1, will there be a problem. Please advise.
 
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