Change of Status(H1 from H4)

[suman.mdmal]

Hi Team- I would like to know a few things about the cost and process for my wife's Change of Status(H1 from H4)-

1. My wife's H1B petition got approved in 2014 cap(received the approved petition from Oct,14). Her filing was done in 'Consular processing'.
2. Her filing has been started in April,14- that time she was in India. In the mean time she came into US in May,14 in H4(as an dependent on mine).
3. However as her petition got approved, she need to change her status(COS) to H1 (to start working in US). I would like to know what are the possibilities to change the status-
a. Is it only by going back to India and get the H1B visa stamped?
b. Is there any process to amend the petition and get the status changed from here(US) only?
c. How much cost will be associated for both option a and b(if possible)?
d. Expected time frame to get an answer from USCIS for option b(if possible)?

Thanks for your help!

[raghvi]

Hi Team- I would like to know a few things about the cost and process for my wife's Change of Status(H1 from H4)-

1. My wife's H1B petition got approved in 2014 cap(received the approved petition from Oct,14). Her filing was done in 'Consular processing'.
2. Her filing has been started in April,14- that time she was in India. In the mean time she came into US in May,14 in H4(as an dependent on mine).
3. However as her petition got approved, she need to change her status(COS) to H1 (to start working in US). I would like to know what are the possibilities to change the status-
a. Is it only by going back to India and get the H1B visa stamped?
b. Is there any process to amend the petition and get the status changed from here(US) only?
c. How much cost will be associated for both option a and b(if possible)?
d. Expected time frame to get an answer from USCIS for option b(if possible)?

Thanks for your help!

a. A COS can be filed by the employer while she is in US.
b. The employer has to file I129 as a COS. If approved it will come with a new I797 and a new I94.
c. The employer needs to pay that. And depends upon the law firm they hire associated legal fees. Additional $1200 odd if premium processed.
d. 2-4 week premium process. 2-4 Months normal processing.

This is my opinion not legal advice.