H-4 EAD changing back to H-1

1. Had H-1B petition approved in 2015 through consular processing while residing outside the USA? But did not get stamped for H-1 but came to the USA on H4 visa. Currently working as an employee on H-4-EAD. Can I change my status to H-1B from H-4, If Yes - Will it be treated outside H-1B Cap?
2. Do I have to leave the country and get stamped and re-enter with H-1B status?
3. Will I get a new I-94 with latest 1 yr or 3 yrs approval?
4. How many days will the process take to change status?
5. Can I continue working while the COS is in progress or pending with USICS as I would like to continue working without a break? Also, do I have to go back to the same petitioner who applied for H-1B visa or can I transfer it to a different employer?

Printer-friendly versionPDF version
ANSWER: 

Watch the Video on this FAQ: H-4 EAD changing back to H-1

Video Transcript

1. That's uncertain. If you are outside the USA and you got your H-1B but you didn't get it stamped, will consider you still subject to the quota. I personally think if they say you can't get an exemption from the quota and you got to get a visa stamping there is really no support in law for that viewpoint. So you can try that's all I can tell you.

2. You don't have to leave USA to get H-1B status if you are maintaining H-4 status.

3. If you got three years remaining on your H-1 or more you will get a three-year H-1 and if the project is for 3 years.

4. Many months.

5. If your EAD is valid until your H-4 is changed to H-1 you can continue working. Once you are exempt from the quota you don't have to go back to the same employer. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment