H1 to H4 and then to H1B COS

Dear Members,

Need your advice and fact check on my situation.

Here is my Situation - I am currently in India , exhausted my 6yrs H1B (including recap) . Exited United States a week before my H1B actually expired. I have my PERM approved and my employer has filed for I-140 in Premium process. My spouse has H1B and currently working in USA . My queries are

  • Can I enter USA on H4 visa and once my I-140 is approved file for H1B extension with COS ? (with same employer)
  • If so can the H1b extension along with COS (from H4 to H1) filed in premium processing ??

Your advice and inputs are greatly appreciated.


  1. Yes

  2. Yes. This petition would primarily be I-129 (H-1 extension) which allows PP services.