H1B -> H4 -> H1B

Posted on April 15, 2009. Filed under: H1B | Tags: , , , , |

Question: H1B Visa holder -> No job -> changed to H4 Visa -> Got Job -> Now Can I start working with my old H1B?

 Answer:  Yes, it would be possible for you to switch back to H-1B if you can find a job. Your employer would have to file a new petition on your behalf in order to change your status from H-4 back to H-1B.

But no need to worry about the H1B quota though, your petition is considered as old petition and will be approved with out any quota issues. But the catch here is, you will have to wait until you get your approval notice from USCIS., you cant work just with receipt unlike other H1B active petition holders where they can start working with their receipts during the application process.

 Even if you are going to work on same old petition, your employer have still send it as new application to USCIS and get an approval. This process is same even if you apply through a different employer.

 Best suggestion would be to apply under Premium processing where you can get your approval within a week or 10 day period and happily start working. Usually we get start dates for our jobs after a week or 10 day.



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