Can I go from H4 to H1B (H1B > 6 years, have approved I -140 from previous employer)

USA H1B Visa
1

I am on h1B for more than 6 years and have an approved I-140 from my previous employer. My current employer also filed for perm and currently my I-140 is pending for 2 months. My question is - if I move to h4, can I convert back to h1B later? What are the rules for converting from h4 to h1b.

2

Typically, you can EXTEND H1 status using an approved labor(+year after approval) OR with an approved i140. But since you have moved to another H status(H4 already), you can not EXTEND H1 status. Rather you will be under COS(change of status) from H4 to H1. This cant be done officially but I have seen few cases approved. I would suggest you to try COS while you are on H4. If the COS fails, you still can continue to stay in H4.

3

Thanks for the reply. You said you have seen few cases approved, how was this possible if it is not officially possible.

4

Gray area. You may most likely be able to renew it. If you want, you can try it.