Urgent questions regarding H1B

[gjainnk]

Currently I have H4 visa but I’m not present in US physically. I will join my spouse who is on H1 B visa by end of August 2014. At the same time I’m applying for H1B visa.

Assuming I get H1B visa approval. These are my questions:
1. Once I get H1B approval notice, what will be my status in US from Oct 1, 2014? Will it be H4 or H1B?
2. I want to do some higher studies in US on H4 visa which will be completed by end of Dec 2014. Will entering on H4 and getting H1 approval will cause any issues?
3. I want to start working from Dec 2014 not from Oct 2014 (even though I would have H1B approved petition). Can I stay on H4 status till Dec 2014 and change to H1B status after that?
4. Do I need to travel outside US and get fresh stamping to change status or can I do within US?

Thanks.

[raghvi]

Currently I have H4 visa but I’m not present in US physically. I will join my spouse who is on H1 B visa by end of August 2014. At the same time I’m applying for H1B visa.

Assuming I get H1B visa approval. These are my questions:
1. Once I get H1B approval notice, what will be my status in US from Oct 1, 2014? Will it be H4 or H1B?
2. I want to do some higher studies in US on H4 visa which will be completed by end of Dec 2014. Will entering on H4 and getting H1 approval will cause any issues?
3. I want to start working from Dec 2014 not from Oct 2014 (even though I would have H1B approved petition). Can I stay on H4 status till Dec 2014 and change to H1B status after that?
4. Do I need to travel outside US and get fresh stamping to change status or can I do within US?

Thanks.

Seeing the recent trends, you would not be able to apply H1 in Aug 2014 as by that time the Cap would have been over. Advisable to ensure that H1 petition papers reach US within first week of April. Now if you are not in US much before 01-April-2014, then H1 can only be applied as consular process.

1. As explained above on 01-Oct-2014 you would still be on H4, in order to move to H1 on 01-Oct-2014, advisable to reach US in March 2014, so you can file a Change of Status H1 petition.
2. I dont see any issues studying on H4.
3. Yes it is possible. The Consular Process petition would have to be converted to COS.
4. If COS is denied then yes you would have to go outside US to get H1 stamped.

This is my pinion not legal advice.

[gjainnk]

Seeing the recent trends, you would not be able to apply H1 in Aug 2014 as by that time the Cap would have been over. Advisable to ensure that H1 petition papers reach US within first week of April. Now if you are not in US much before 01-April-2014, then H1 can only be applied as consular process.

1. As explained above on 01-Oct-2014 you would still be on H4, in order to move to H1 on 01-Oct-2014, advisable to reach US in March 2014, so you can file a Change of Status H1 petition.
2. I dont see any issues studying on H4.
3. Yes it is possible. The Consular Process petition would have to be converted to COS.
4. If COS is denied then yes you would have to go outside US to get H1 stamped.

This is my pinion not legal advice.

Hi Raghvi, Thanks for the reply. I am planning to applying for H1B in March/Apr 2014 though I will not be here physically. Also, could you please suggest which form do I need to fill to conver Consular Process to COS. is it I-129. Thanks.