H1 -> h4 -> h1 on approved I 140

Due to stress thinking to quit current job and switching to h4. My notice period is 30 days from now. How easy is it to switch back to h1 in future from h4 ? Wil my I 140 be affected ? Note - my wife I 140 is in process and not approved yet.

ex-Gopuff seasons20 Feb 28

I would not recommend in this market. Employers don’t understand when u say you are on h4 pending. Unless u plan to step out and comeback with h4 approved.

JPMorgan Chase ETuW44 OP Feb 28

Do you mean to say that only after h4 approval I can go to h1 ? How lomg does it take to get h4 approval ? Can I legally stay in US till I get h4 approval after my last day at current company?

ex-Gopuff seasons20 Feb 28

Yes u can legally stay. USCIS guidelines says u have to be valid status when applying for h1b. H4 pending is not valid status but u can stay in US based on that. Some employers are willing to file as it’s a gray area. Once u file USCIS generally approves h4 first and then h1b. H4 approval takes 3-4 months I think last I checked. Do verify it again on USCIS site. If you have valid h1b stamp then stepping out and back with h4 is simpler.