H4 to H1 - Employer and

[neha2508]

Hi ,

I Came to US in March 2013 on H4 Visa and one of the employer filed H1B for me. Then after filing H1B i went back to India in April,2013 and came back to US in July,2013 on H4 again before H1B approval. Then my petition got approved in Sept 2013 but there was no I94 on it and its stating that need to go for Consulate New Delhi.

Now my Employer did Everify and its say "employment authorized". Now i am confused :-

1- On which Visa Status i am ? (H4 or H1)
2- If H4 then how E-Verify is stating "employment authorized".?
3- Can I Start working on the basis of E-Verify statement ?
4- Can my employer file COS from H4 to H1 ?
5- Or do i need to go back to INDIA for Stamping ?

Please reply .... Urgent

[neha2508]

Please update.... its urgent .....

Hi ,

I Came to US in March 2013 on H4 Visa and one of the employer filed H1B for me. Then after filing H1B i went back to India in April,2013 and came back to US in July,2013 on H4 again before H1B approval. Then my petition got approved in Sept 2013 but there was no I94 on it and its stating that need to go for Consulate New Delhi.

Now my Employer did Everify and its say "employment authorized". Now i am confused :-

1- On which Visa Status i am ? (H4 or H1)
2- If H4 then how E-Verify is stating "employment authorized".?
3- Can I Start working on the basis of E-Verify statement ?
4- Can my employer file COS from H4 to H1 ?
5- Or do i need to go back to INDIA for Stamping ?

Please reply .... Urgent

[raghvi]

Please update.... its urgent .....

If you didnt get an I-94 with your approved H1 petition it means your status never changed to H1. A COS gets abandoned if one travels while it is pending. As you traveled out of US before your COS to H1 was approved, the COS was abandoned.

1. I would say you are still on H4 status.
2. No idea it could be discrepancy in updating of various systems from which data is picked up.
3. I would say no.
4. Yes.
5. You need not go back for h1 stamping if the H4 to H1 COS comes with a new I-94.

This is my opinion not legal advice.

[neha2508]

If you didnt get an I-94 with your approved H1 petition it means your status never changed to H1. A COS gets abandoned if one travels while it is pending. As you traveled out of US before your COS to H1 was approved, the COS was abandoned.

1. I would say you are still on H4 status.
2. No idea it could be discrepancy in updating of various systems from which data is picked up.
3. I would say no.
4. Yes.
5. You need not go back for h1 stamping if the H4 to H1 COS comes with a new I-94.

This is my opinion not legal advice.

Thanks for the update. If my employer files my COS from H4 to H1 , then can i start working immediately at client location or do i need to wait for the approval. I already have my ssn.