H4 & H1 issue

[welldoneaadi]

My wife has applied to H1B FY2008 quota and selected in lottery. Her approval is still pending. Hopefully by end of september.

1. Can my wife come here on h4 dependent and change her status to h1 after coming here.

2. If COS is approved can she start working right away or does she need to attend any consulate to do so..

3. Alternatively what would be the case if COS is denied... Does she need to re-apply H1B for FY2009.

Please Suggest. Very Urgent

[welldoneaadi]

can someone please respond ...... Its really urgent

[asachar]

Look in other posts...

Try looking in this forum and search for "h4-h1"...
There are lot of posts which are addressing this issue..

[welldoneaadi]

Found Results but are scattered

I have found many posts and read many aricles about similar issues, but unfortunately they all are scattered around.
Can you ( or anyone) please help me in figuring out the solutions.

[welldoneaadi]

somebody plzzz advice

i need help

[welldoneaadi]

is there anyone wo would advice me on this...

plzzzz

[waitin_toolong]

well if you had taken the time to read a few posts you would have had the answers, it is a little annoying when people just want answers and done want to look through the posts to see if they have been answered before.

I have answered several posts with exact same questions. so i dont know what you mean by scattered around.

if she comes there on H4 then she is on H4 and wil have to apply seperately for COs and wait for its approval, which can take between 3-9 months. she cannot start work till she has approval in hand.

if COs is denied then she will have to reenetr with H1 stamping. if her H1 is approved with COS denial then she does not have to wait till next year but can go abroad and get it stanped and reenetr on H1 to start working.

if she has H1 approval she can start work after either COS approval or stamping abroad.

Important point: If she had applied for COS at the time of H1 application then travelled abroad that COS is abandoned so even if by mistake USCIS approves the COS she will have to apply for a fresh COS or stamping.

[bhasker_22]

H4 to H1 and COS, it's Urgent

Hi,

welldone aadi given nice reply.Hope it will resolved ur issue.me also facing same issue.

Here small query about my wife Entry .She got her H4Visa on March-26-07 and never entered USA.
Her H1 is filed in Apr'07(Not Including COS),Not yet Approved.she is planning to come here in Feb'08.

1)Is it Mandatory to Enter USA on H4 before October 1'st and Can apply for COS/Amendment for H1(Heard that if she enters after Oct'1st on h4 her H1 will be void)

2)When we need to apply for Cos(Change of Status).

3)What is the best way to get her H1 Visa.

Appreciate ur advice.

Thanks& Regards,
Bhasker

[bhasker_22]

H4 to H1 and COS

Hi waitin_toolong,

me also facing same issue.

Here small query about my wife Entry .She got her H4Visa on March-26-07 and never entered USA.
Her H1 is filed in Apr'07(Not Including COS),Not yet Approved.she is planning to come here in Feb'08.

1)Is it Mandatory to Enter USA on H4 before October 1'st and Can apply for COS/Amendment for H1(Heard that if she enters after Oct'1st on h4 her H1 will be void)

2)When we need to apply for Cos(Change of Status).

3)What is the best way to get her H1 Visa.

Appreciate ur advice.

Thanks& Regards,
Bhasker

well if you had taken the time to read a few posts you would have had the answers, it is a little annoying when people just want answers and done want to look through the posts to see if they have been answered before.

I have answered several posts with exact same questions. so i dont know what you mean by scattered around.

if she comes there on H4 then she is on H4 and wil have to apply seperately for COs and wait for its approval, which can take between 3-9 months. she cannot start work till she has approval in hand.

if COs is denied then she will have to reenetr with H1 stamping. if her H1 is approved with COS denial then she does not have to wait till next year but can go abroad and get it stanped and reenetr on H1 to start working.

if she has H1 approval she can start work after either COS approval or stamping abroad.

Important point: If she had applied for COS at the time of H1 application then travelled abroad that COS is abandoned so even if by mistake USCIS approves the COS she will have to apply for a fresh COS or stamping.