H1B Consular Now COS Later from H4

[ravikishore9876]

Hi,
I am applying for H1B visa for this year quota. I have H4 and my wife has not yet traveled. We are planning to go in April. We are trying hard to go within March and apply for H1B COS so that I can work from Oct 1st. But her employer is asking us to come in April 2nd week. So I need to apply for H1B with consular processing. Once it is approved, can I change to H1B status with out travelling to India. I mean can I apply for change of status from H4 to H1B in USA. How much will this cost and time for the process? is the premium option available?

Please clarify. Your help is highly appreciated.

Regards,
Ravi K

[raghvi]

Hi,
I am applying for H1B visa for this year quota. I have H4 and my wife has not yet traveled. We are planning to go in April. We are trying hard to go within March and apply for H1B COS so that I can work from Oct 1st. But her employer is asking us to come in April 2nd week. So I need to apply for H1B with consular processing. Once it is approved, can I change to H1B status with out travelling to India. I mean can I apply for change of status from H4 to H1B in USA. How much will this cost and time for the process? is the premium option available?

Please clarify. Your help is highly appreciated.

Regards,
Ravi K

It should be possible if H1 with consular notification is approved. As for cost it would be $325 (for I129) +$290 (for COS) + legal fees. I believe premium would be an additional $1225.

Normal processing can take 2-4 Months. Premium processing 2-3 Weeks . If there are RFEs time taken will be more.

This is my opinion not legal advice.