h4 to H1

[reddy1198]

need ur advise urgently...plz help..
---------------------------------
curretly on h4 in US
will move to india(in march 1st week)
apply for H1(april 1st) from inda
will coem to Us (in sept on H4)
----------------------------------
My question
Can i apply for change of status from h4 to H1 in Oct. I am planing to return in Sept as i dont want to attend stamping india. Can i come here and apply fro change of status in Oct. If yes is there any risk involved in dat? How long does it take for COS?
-----------------------------------------------
Thx from the heart in advance

[Subramanya]

H4 and H1

need ur advise urgently...plz help..
---------------------------------
curretly on h4 in US
will move to india(in march 1st week)
apply for H1(april 1st) from inda
will coem to Us (in sept on H4)
----------------------------------
My question
Can i apply for change of status from h4 to H1 in Oct. I am planing to return in Sept as i dont want to attend stamping india. Can i come here and apply fro change of status in Oct. If yes is there any risk involved in dat? How long does it take for COS?

---- Yes you can apply for a COS from H4 to H1. It takes about 3-4 months. You have to wait till you get the approval

---- The H1 may not come wtih I-94 then you have to proceed out of the country, get a H1 stamped and then reenter US.

---- Trying to avoid the visa interview, you have to pay the price by some means. Avoiding is only when you continue stying in the US and seek COS from H4 to H1 while applying for H1

Subramanya

[reddy1198]

@subramanya and other experts

thx for ur suggestion...

From ur reply i understood that i have to get my visa stamped though i do change of status from h4 to H1 because i dont be having I94.

But those ppl who appply for H1 and continue to stay in Us also wont get an I94 with there H1 approval.
What is the difference between them and me if they and me dont have an I94.

I thought that as long as i am not moving out of US after changing my status to H1 i dont need to go for stamping. Is not so?

[itzprams]

Since you have PM me, I will try to answer you again. However there is no difference in my reply and Subramanya's reply.

Can i apply for change of status from h4 to H1 in Oct.
---------Yes. But its not you thats your employer who has to file an amendment from H4-H1

I am planing to return in Sept as i dont want to attend stamping india. Can i come here and apply fro change of status in Oct. If yes is there any risk involved in dat?

---------It is possible that you might not get extension of status(EOS). In that case you wont get a new I-94. That also means that you cannot work until you get stamping. If your EOS(new I-94) approves then you can start working.

How long does it take for COS?

--------2-4 months


But those ppl who appply for H1 and continue to stay in Us also wont get an I94 with there H1 approval.
What is the difference between them and me if they and me dont have an I94.

--------they can stay back on another visa but not H1. They should not be working if they have NOT received I-94.

[reddy1198]

thx

Thx alot for ur suggestion.
one last question: when i apply for COS from h4 to H1 will they cancel my i94(h4).
Thx in advance

[itzprams]

when i apply for COS from h4 to H1 will they cancel my i94(h4).

H4-I94 has nothing to do with H4-H1 COS.