H4 to H1 Transfer

[jsep08]

Hi,
I have few confusions regarding the switch from H4 to H1. Can someone help me pls.

I am currently in US on H4 and my H4 is stamped and I-94 valid till April 2009. I got the H1 approved for Oct '08 through a consultancy firm. But I am planning to work only after few months:

1) Is it a must to get the status changed to H1 on Oct 1st itself? Or can I do it later?
2) If I get the status changed to H1, do I need to be on Payroll even if I am not working - saw on Leave / LOP?
3) If I don't do 1 or 2 with in 2 weeks from Oct 1st, will my H1 go invalid?

4) If I change the status to H1, then I must get a new stamping if I go to India and before coming back right?
5) Should I cancel my H4 when I switch to H1?

Thanks.

[txh1b]

1. Yes. Otherwise, you are out of status without getting paid which will be a HUGE problem during H1b stamping and green card.

2. LOA should be reasonable with medical cause or child birth. USCIS knows these tricks and is strict with those.

3. You will be out of status if you do not start On Oct 1st.

4. Yes. As an alternative, if you want to travel outside US before Oct 1st and return on or after Oct 1st on H4 status witha new I-94, you can remain on H4. Look for a gazillion posts on "leapfrog"

5. There is nothing like you having to cancel anything.

[orion]

1. If you applied for your H1 with COS then you will be on H1 automatically on 01OCT.

[jsep08]

Thanks. this clears all my questions.

Thanks. this clears all my questions.

[jsep08]

My employer is saying I need to pay Tax for being on Payroll. But at the same time they do not have any opportunities even if I want to start working from Oct 1st itself.

Will this create a problem later if I change status on Oct 1st to H1 and do not have Pay slips from Oct 1st?

[jsep08]

I read the forum for Leapfrog stuff...

I have few questions on H1 when you switch the employer. I am on the H4 of my Husband and he changed the employer and the stamping he has on the passport is still from the old employer. If he is also planning to come with me to Canada or so for Leapfrog will it be a problem for him to re-enter? Is there a need to do re-stamping when you change the employer?

If I do Leapfrog and when I decide to use my H1B do I have to pay again to change the status? What kind of paper work will be needed for this?

[txh1b]

Read the FAQs.

COS from H4 to H1 is needed if you want to work again on H1b. Costs, check filing costs for form I129.

[jsep08]

Thanks. I got the answers to H1 questions from the FAQ. Just posting the link here if someone else wants to know...

https://www.immihelp.com/h1-visa-transfer-faq/