H4 to H1B Visa Change of Status/Amendment

[fakhter]

Hello,

My company back in India had applied for my H1B visa this year and it got picked in the lottery. I have received the Approval notice (I-797B) as well. I already had a H4 visa, so now I have moved to the US in July 2017 on H4 visa to accompany my husband and will start working from October 2017.

Since I am currently on H4, what process will my company/I have to follow in order to change my visa status from H4 to H1B and start working? Can I apply for change of status right now so that I can start working from the start date of my H1B visa or will I need to wait till October 2017 and then apply? What will be the fees associated with the process?

When the petition was filed, I was in India and had a different I94 number from my previous US visit. Would the I-797B approval notice be linked to the previous I94 number in any way? If yes, what steps will have to be taken to get the I94 updated? What will be the fees associated with the process?

Any help with my questions would be appreciated.

[raghvi]

Hello,

My company back in India had applied for my H1B visa this year and it got picked in the lottery. I have received the Approval notice (I-797B) as well. I already had a H4 visa, so now I have moved to the US in July 2017 on H4 visa to accompany my husband and will start working from October 2017.

Since I am currently on H4, what process will my company/I have to follow in order to change my visa status from H4 to H1B and start working? Can I apply for change of status right now so that I can start working from the start date of my H1B visa or will I need to wait till October 2017 and then apply? What will be the fees associated with the process?

When the petition was filed, I was in India and had a different I94 number from my previous US visit. Would the I-797B approval notice be linked to the previous I94 number in any way? If yes, what steps will have to be taken to get the I94 updated? What will be the fees associated with the process?

Any help with my questions would be appreciated.

Your employer has to file an amendment to the H1 petition saying that the employee is in US on H4 visa hence request to change the approval from consular to COS, and you can work only post COS approval. If COS approved before Oct 2017, the earliest you can start work is 01-Oct-2017. Employer should pay the fees associated with this. With just 1.5 Months to go for 01-Oct-2017, and premium processing still suspended, its going to be difficult to get COS from H4 to H1 approved before 01-Oct-2017, you may be looking at around Dec 2017 time frame.

Upon approval of the above filed COS, you would get a new I797A which will have a new I-94 dates at the bottom.

This is my opinion not legal advice.

[fakhter]

Your employer has to file an amendment to the H1 petition saying that the employee is in US on H4 visa hence request to change the approval from consular to COS, and you can work only post COS approval. If COS approved before Oct 2017, the earliest you can start work is 01-Oct-2017. Employer should pay the fees associated with this. With just 1.5 Months to go for 01-Oct-2017, and premium processing still suspended, its going to be difficult to get COS from H4 to H1 approved before 01-Oct-2017, you may be looking at around Dec 2017 time frame.

Upon approval of the above filed COS, you would get a new I797A which will have a new I-94 dates at the bottom.

This is my opinion not legal advice.

Thanks a lot for your reply. That answers my questions.

Do you think it would be easier and quicker if I just went back to India for Visa stamping rather than filing for amendment? Some of my friends have told me that people usually get a RFE when an amendment has been filed, which can take up to 3-6 months to get cleared/approved. Which option would be less risky - filing amendment or Visa stamping in India?

Thanks again!

[raghvi]

Thanks a lot for your reply. That answers my questions.

Do you think it would be easier and quicker if I just went back to India for Visa stamping rather than filing for amendment? Some of my friends have told me that people usually get a RFE when an amendment has been filed, which can take up to 3-6 months to get cleared/approved. Which option would be less risky - filing amendment or Visa stamping in India?

Thanks again!

If you have all the documentation (client letter, if applicable, MSA, if applicable) and are associated with a reputed employer and not just a sub contractor then it certainly will be faster to go ahead with stamping.

This is my opinion not legal advice.

[fakhter]

If you have all the documentation (client letter, if applicable, MSA, if applicable) and are associated with a reputed employer and not just a sub contractor then it certainly will be faster to go ahead with stamping.

This is my opinion not legal advice.

Thanks again! Really appreciate the guidance you've provided

Just one last question - In case I go to India for stamping and get a RFE, will I have to stay back in India till it gets cleared? What will happen if I come back to US on H4 visa while RFE is being processed and it gets cleared later on. Will I have to go back again for stamping or I can receive the I797A approval notice while staying in US itself?