Query on H4 to H1

[sshah157]

Hi,

I came to us on H4 Visa in january, 2008. I applied for an H-1B in April 2008. My consultant applied for the h4 to h1 status change also. I got the h1-b approval but since my h4 and I94 was expired in july 2008 and was not having the valid extended H4 or I94, did not get the new I94 for the h1. My consultant got a letter from USCIS that my h1 is approved but since I dont have the valid extended I94 for my H4, I need to go back to India and get the h1 visa stamp.

During that time my husband's company also filed my h4 extention and I got the extended h4 petition and valid I94.

Currently, I am india on vacation.

My query is that now can I again go back to US on H4 and then can I convert my status from H4 to H1 in US ?

Thanks,
Shalini

[kabkaba]

Yes you can go on H4 if your visa is valid and change status later. Your H1 I-94 did not arrive probably because of duplicate status applications.

[sshah157]

Thanks for the Reply.

I also thought the same but my consultant is saying that If I come to US on H4 visa then also I still need to go back to India for stamping H1B visa.There is no other option to change status after coming to US since petition is already approved with this condition only.

Please reply if someone has any idea of such condition.

Thanks
Shalini

[sshah157]

Someone, please reply to my question. I need to take decision accordingly.

Thanks,
Shalini.

[txh1b]

Employer has to amend to COS and USCIS has to approve it again before one can start work on H1b after entering on H4. Your employer obviously is ignorant.

[sshah157]

Thanks for the reply. Can you please explain it with more detail. I really don't understand what exactly you want to convey ?

Sorry for the trouble.

Thanks,
Shalini.

[itzprams]

1. Enter US on H4
2. Find an employer to file an amendment from H4-H1.
3. After amendment petition gets approved your status becomes H1.
4. You must start working on approval.