Immigration Issues/h4 to h1 to h4

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Question
Hi Krishnan sir,

Background:

I came to US on H4 thru my wifes H1B later COS to H1.Now i would like to cos to H4 again.My employer is not willing to apply for H4 and not paying money on bench.

Now my question is " If i will go to my home country and attend for h4 what is going to be for my H1 Approval.With out terminating my h1 by employer if i will attend for `h4 stamping what is the risks involved. Incase if i will come back successfully on H4,still am i exempted from cap quota.

please help me with my questions


Answer
Jeedi,
You can reenter the US on H-4. As you can hold only one visa status at a time, you will not be allowed to work.  To get back to H-1B you need to file for a COS again. You will not be subject to the H-1b quota.  Terminating employment with your employer you need to look at your employment agreement.

Sincerely,
Ramasamy Krishnan  

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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