Amendment to Change my Visa Staus from H4 to H1

[m_Priya]

Hi

I got H1 approved this year but my Employer didnot mail my H1 Papers.Upon constant urging,he told that we need to file an amendment for status change from H4 to H1.The H1 papers are with him.

I want to apply for jobs, so i need my H1 Papers.Is there any way that I can ask my Employer to send my H1 papers.Actually he should have applied for status change while applying H1.But he didnt.

All of my friends got H1 papers but mine were stucked at my Employer.Please let me know how can i get my h1 papers.

Thanks in advance.

[txh1b]

How do you know they did not apply for a COS? They might have and now saying that they did not, trying to escape from paying you while you gather out of status period on your H1b bench not getting paid.

[m_Priya]

Thanks for your reply.I don get paid till I get a job.I dont have a job right now.

He told that he applied for a fresh H1, not H4 to H1.He is asking me to go out of country and get stamped or to file an amendment to get my status changed from H4 to H1.
But I want my H1 papers so that I can apply to permanent positions as well.

One more thing, Right Now,if I go to India, can I come back on H4 status or do I need to get H1 stamped?

Please let me know.

Thanks in Advance.

[C4us]

How many times must the same thing be said!

YOU HAVE A JOB. (Yes I am shouting!!!) The company/person who filed for your H1B is your employer. He must pay you whether you are working on a project or not. If he does not, he is a fraud. If you do not get paid you are out of status which will cause you problems in the future.

[txh1b]

One more thing, Right Now,if I go to India, can I come back on H4 status or do I need to get H1 stamped?
.

If you want to work on a h1b, get a h1 stamp. If you want to remain on H4, do nothing and return on H4 STAMP.
If your petition was indeed not a COS, get your papers for H1b stamping from your employer. If they want to employ you, you need them for the visa.
Got it?