H4 status to H1-B

[sravanthigundu]

Hi Guys,

Hello Everyone,

In March 2008 I went to INDIA on F1 status. Before going to India I submitted all the documents to my employer to apply for my H1B.
I entered US on H4 dependent VISA in April last week. I got my H1 approval notice last week without I-94 copy attached to it.
My employer told me that I am unable to work now as there is no I-94 copy on my h1 recipt and he advised me to go out of the county(US) and get my H1 stamped.

I have done my Masters in US. Can I go to Mexico/ Canada for stamping or I need to go to India for stamping?

Do I need to apply for I-129 amendment for change of status?

Please let me know which option is better.

Go to stamping in Mexico/Canada or Change of status petition by employer?

Please do respond with your valuable suggestions.


Thanks for your valuable time.
sravanthi

[txh1b]

You can do either of them. A visa stamp and entry on H1b will put you immediately on H1b status and you need to be working and paid all the time on a H1b. That is the law.

An amendment will take another 2-6 months for you to be able to work and after COS approval, you need to be working and get paid all the time. No exceptions.

[sravanthigundu]

Thanks for the prompt reply. I just talked to my employer and he said that he will file I-824 change of status under premium processing and it will take only 2 to 3 weeks.
is this correct? Does it take only 2 to 3 weeks under premium processing? Please let me know. If it takes more time I would rather go to Mexico for stamping.

Thanks again for your time

[txh1b]

1. I-824 is unrelated to your case. It has to be I129.
2. I-824 cannot be PPd while I129 can be.

[sravanthigundu]

Thank you very much for the reply

Can you please let me know more deatils regarding I-129 like how long it will take to clear my 194 issue etc.But when I spoke to my employer he said filling the I-824 in premium quota will solve the issue.Is this a right approach ?? or else going to mexico/canada for stamping is feasible.Are their any visa rejections possibilities.

thanks in advance
sravanthi

[txh1b]

I129 amendment is just like a H1b application and will take 2-6 months or if PPd, take 2 weeks.

There is no PP for I-824. Your employer is not well informed.