Having H4 & H1B visas, landed US on H4, looking for H1B transfer with COS; queries

[AR39]

Hi,
My case is a bit different from usual scenario. Please someone help me with necessary details:

1) H1B approved & stamped during March 2016 from Employer A, duration till August 2018. Though travel was initiated, due to some unforeseen circumstances travel didn't happen. Tried to travel from Employer A since then until Feb 2018.
2) Spouse moved to US on H1B in between and I got H4 stamped. Now I have H1B & H4 stamping in passport.
3) Landed US on H4 during Feb 2018, leaving employer A. Got I 94 based on H4 entry.
4) Since I came to US trying out for H1B transfer, though I am getting responses from consultancies, getting stuck at some point due to lack of US experience, pay stubs, also SSN.

Should employer apply for COS first and then initiate transfer in my case ? Is there a way to cope up with the situation of not having pay stubs for transfer? If transfer happens by any chance, do I have to go outside US and should re-enter?

I have become hopeless , clueless on what can be done here. Request to shed some light over these queries.

[francesjacobgreene]

Hi,
My case is a bit different from usual scenario. Please someone help me with necessary details:

1) H1B approved & stamped during March 2016 from Employer A, duration till August 2018. Though travel was initiated, due to some unforeseen circumstances travel didn't happen. Tried to travel from Employer A since then until Feb 2018.
2) Spouse moved to US on H1B in between and I got H4 stamped. Now I have H1B & H4 stamping in passport.
3) Landed US on H4 during Feb 2018, leaving employer A. Got I 94 based on H4 entry.
4) Since I came to US trying out for H1B transfer, though I am getting responses from consultancies, getting stuck at some point due to lack of US experience, pay stubs, also SSN.

Should employer apply for COS first and then initiate transfer in my case ? Is there a way to cope up with the situation of not having pay stubs for transfer? If transfer happens by any chance, do I have to go outside US and should re-enter?

I have become hopeless , clueless on what can be done here. Request to shed some light over these queries.

If you currently hold H-4 status, your employer can file a change of employer H-1B petition with USCIS that includes a change of status. As long as you have been maintaining H-4 status, which means that you have not worked without authorization since your last US entry and your wife continues to be employed in H-1B status, then you can change status from H-4 to H-1B. You shouldn't have to travel abroad. You also do not have to include your own pay stubs in the petition, since you aren't expected to be working to maintain H-4 status. Your new employer should use USCIS premium processing, because you can't start with the new employer until the change of status H-1B petition is approved.