H4 to H1

[sujathg]

Hi,

My husband got selected for H1B 2009 Lottery.My query is whether he can travel to US on H-4 and later start working on H-1 from oct onwards.When asked his employer, we were told that if we apply for H-4, his H1 will be cancelled.

Please clarify me on this.

Thanks.

[txh1b]

He can travel on H4 but to work on H1b, he needs a new amendment to change his status from H4 to H1 filed by the employer or re-entry on a H1b stamp.

Look up the forum, there are plenty of posts on similar topic.

H1b does not get canceled if one appears for a H4 visa. The employer needs to get his facts straight or rather say he doesn't know instead of misinforming people.

[sujathg]

Thank you very much for the response.

[sujathg]

One more doubt on this is: What will happen to the H1 approval, when H-4 visa is stamped on the passport? Will it be cancelled?

Is there any time frame that my husband should travel to US on or before H1 approval?

Please clarify.

[DMX17]

One more doubt on this is: What will happen to the H1 approval, when H-4 visa is stamped on the passport? Will it be cancelled?

Is there any time frame that my husband should travel to US on or before H1 approval?

Please clarify.

No. H1 approval is in no way affected.

No time frame to travel exist. He can enter on H4 any time, even after Oct 1st if he wishes.

[sujathg]

Can you tell me the Processing time for H1 amendment for COS? Will there be a premium processing for this too?

[txh1b]

An amendment to change status to H1b is also handled using form I129 which can be premium processed.