H1B-H4-H1B route for H1B currently in India, Spouse in USA on H1B

PoorSoul · February 17, 2019, 3:44pm

Hi There,

I have stamped H1B Visa valid till 2020 (Non-utilized , never travelled). Unfortunately ramp-down happened , so I need to file for amendment (change in client). Which will take upto 6-8 months as premium proc hasn’t been started for new amendment I suppose. But I have to be there with my spouse asap in US.

Can I go on H4 after resigning here(as my spouse is working in US) and later do H1 Transfer after finding new sponsor?

Is it the best option available or you can guide me to another?

Thanks

Anil_Gupta · February 17, 2019, 3:57pm

File H4 Visa

You can file H4 Visa and then travel to US to be with your H1B spouse.

File H4 to H1B change of status within USA

You can file H4 to H1B change of status while you are in US on H4 Visa. This is perfectly allowed.

You can read about scenarios for H1B to H4 to H1B route here in detail:

PoorSoul · February 17, 2019, 4:13pm

But how much time it takes for H1 to H4 conversion ? if it takes 5-6 months then again its of no use

H1 to H4 conversion is also COS right ?

Anil_Gupta · February 17, 2019, 4:34pm

H4 Stamping can be done in a month with US embassy

If you are outside USA at this time, which you said you are, you can simply apply for H4 Visa stamping in US embassy and straightaway get H4.

H1B to H4 change of status is applicable if you are in US

The H1B to H4 change of status comes into picture ONLY when you are physically present in USA and do NOT want to go out of USA.

Changing status is applicable if you want to change status while staying in USA.

PoorSoul · February 17, 2019, 6:16pm

Thanks Anil, Big Help.

one more question :

as per new premium processing timelines i.e before 21st Dec , Do you know or guess , when it will be opened for beyond 21st Dec amendments/transfer etc ? like if I raise an amendment now on 18th Feb 2019.

Anil_Gupta · February 17, 2019, 6:22pm

No idea about when USCIS will open premium processing for new H1B cases.

I will update premium processing re-opening as soon as I hear anything here.

PoorSoul · February 18, 2019, 5:51am

@Anil_Gupta : If i haven’t travelled ever on my stamped H1B visa, H4 to H1 conversion can have high chance of denial ? is that so ?

Anil_Gupta · February 18, 2019, 1:46pm

Why would H4 to H1B conversion be denied? Why do you think so?

If your H1B Employer paperwork is fine, then i do not see any reason for denial.

Anil_Gupta · February 19, 2019, 6:21pm

A post was split to a new topic: Enter US on H4 while H1B Amendment is pending