Converting from H1 to H4 and back to H1

H-1 stamping is not a sine qua non for a change of status from H-4 to H-1B. A visa is mainly for travel to and from the United States during the time that an individual is holding that status. Your later application will be a new H1B petition, but you should be cap exempt. As long as you are maintaining H-4 status and the new H-1B position and your qualifications match and the job is in a specialty occupation, you should be able to change from H-4 to H-1B. Current processing time is anywhere from 3-6 months. You can ask for premium processing. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.