H1 to H4 and then to H1B COS

USA H1B Visa
1

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.

Thanks
kumar

2

  1. Yes

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