H4-->H1B-->H4, Is this possible?

[DesiOPT-FaceBook-Admin]

I am currently on H4 visa status. I am planning to change my status to H1B . So my question is "after my status is successfully changed to H1B , can I come back to H4 status if required?"

This was posted on https://www.facebook.com/desiopt1 on march 11th 2013

[DesiOPT-FaceBook-Fan]

Yes, you can

[DesiOPT-FaceBook-Fan]

Yes you can do so but you need to apply for H4 visa back again before the expiry of your H1B visa

[DesiOPT-FaceBook-Fan]

why wud someone want to come back to h4?

[DesiOPT-FaceBook-Fan]

thanks all for the replies.

[DesiOPT-FaceBook-Fan]

i have one more question adding to that. after i change back to H4, can i revoke back my H1 if necessary.

[DesiOPT-FaceBook-Fan]

you cannot be on bench more than a month on H1B visa without running your pay cheque. your employer or yourself has to pay the taxes every month. if you are going through the above situation then it is safe to switch over to H4 dependent visa (this is for Nitin's comment)

[DesiOPT-FaceBook-Fan]

think your employer will revoke the H1B visa by himself within a month or two or else he has to pay the taxes to the g ovt. showing that you are still an active employee under him. For more clarification on this it is safe to consult a lawyer (to Preeti Kulkarni)

[DesiOPT-FaceBook-Fan]

You can go to H4 by filing COS (Change of Status), but your employer shuld not revoke your H1B, otherwise you will have to fill and go through whole process again!!!!!

[DesiOPT-FaceBook-Fan]

No, if you go back to H-4, you cannot take back the original H-1B, no matter what, your employer will have to file another H-1B to get you back. However, you will not have to worry about the quota since you would already have been counted the first time. Also it would not be an H-1B transfer, so AC21 portability would not apply in going from H-1B > H-4 > H-1B.