H4 to H1B after COS done from H1B to H4

[Tina80]

Hi TXH1B and everyone,

I got my approval after applying COS from H1B status to H4. And now my question is if i want to go back to H1B after an year, if i find a new employer what are the usual documents that are needed for conversion. I mean do i need the previous employer letter? Because i just have the joining letter and i donot have the experience letter, will there be any problem in filing H1 through new employer.

Please guide me what all documents needed for H4 to H1B?

I appreciate your answers.

Thanks,
Tina

[txh1b]

All you need is some sort of document that proves you were cap counted for the H1b in the past. An approval notice or I797 is sufficient to prove that. Rest is all the same as any other H1b filing. You don't need anything else from old employer.

[pkodanda]

COS Costing

Hi Tina,

What will be the total costing for the change of status. I am on H4 and my H1B is approved. I want to change the status from H4 to H1 and my employer is saying that it would cost around the same as applying the new h1

Thanks,
Praveen

[txh1b]

The form is same as a new H1b, I129. It should cost as much as the filing fee as there are no additional fees involved if it is the same employer unless an attorney is involved.

[pkodanda]

Hi TXH1B,

Here is my case, Guess similar queries might have posted before but please spare time to reply

I applied H1B when I was India and then later on came to US on H4. After coming to US My H1B got approved and was told that I couldnt start to work becase there was no new I94 issued since I applied when I was in india. So I decided to apply change of status.
1) What forms will I have to fill, Is it I-539?
2) Is the filing(costing) fee will be same as the new h1B
3) What would be the premium processing fee
4) What is the processing time difference bewteen normal processing and premium processing.

[Tina80]

You need to use I539 for COS. The fees is $300 and for me it took exact two months. My husband's company applied the COS from H1B to H4

[txh1b]

Hi TXH1B,

Here is my case, Guess similar queries might have posted before but please spare time to reply

I applied H1B when I was India and then later on came to US on H4. After coming to US My H1B got approved and was told that I couldnt start to work becase there was no new I94 issued since I applied when I was in india. So I decided to apply change of status.
1) What forms will I have to fill, Is it I-539?
2) Is the filing(costing) fee will be same as the new h1B
3) What would be the premium processing fee
4) What is the processing time difference bewteen normal processing and premium processing.

H1b COS has to be applied by the company only. It is form I129.
1. I129
2. Cost of form I129
3. If your employer wants to hire you immediately, PP costs 1000. Or you can wait till approval. Once approved, remember, you MUST work and get paid from day 1. If not, you are out of status and will have problems.
4. 15 days vs 2-6 months.

[txh1b]

You need to use I539 for COS. The fees is $300 and for me it took exact two months. My husband's company applied the COS from H1B to H4

I539 is for COS to H4 or other status. For COS to H1b, it has to be in the H1b form and employer has to file it.

[Tina80]

I thought u were asking about the cost for COS from H1B to H4. So i told you about that cost.