Need advice on H4-H1B transfer

[rusgr7]

Hi,

I am currently in the US on a H4 visa (since Nov 2008). I am planning to apply for a H1B visa this Mar 2009 through a consultancy and have a few questions.

Based on the current market situation, I plan NOT to file for automatic COS from H4-H1B. If my H1b gets approved in the lottery, I plan to get my H1B stamped only if I get an offer. Until then I would want to maintain my H4 status.

1. If I get an employment offer, do I have to go back to my home country to get the H1B stamped, or can it bo done in Mexico/Canada?

2. My H4 is now valid until Nov 2009, if I dont not get any employment offers until then, my husband and I will file for H1B and H4 extensiion respectively. Will this affect my H1B (approved but not stamped) in any way?

3. By some luck , if I get a full-time offer after Oct 2009, can I get a H1B transfer to the new company, though I would have never worked for the consultancy that filed my H1B.

Thanks for any replies/suggestions.
-rusgr7

[txh1b]

1. If you don't have a US degree, home country is better. You can also COS once you decide to use the H1b. The job should always be there to have your H1b approved.
2. No problem with this.
3. You can provided it was not a COS. Remember not to give your I-94 copy to your prospective employer.

[rusgr7]

Thanks for the response.

1. I have a MS degree from the US (but went back to India after MS and returned as a dependant). So is it ok to go to Mexico/Canada?

Also, in response to 1. Did you mean to say "The job should always be there to have your H1b stamped"? You used the word "approved" and not "stamped"?

Thanks,
-rusgr7

[txh1b]

Yes, you can go to any consulate that will process. Visa is never a guarantee anywhere and depends on how "real" your job is.

I was not trying to write a manual in immigration to consider all scenarios and word smith my post. Yes, it is for both getting the petition approved and stamped. Job is a pre-requisite for a H1b.

[rusgr7]

Thanks for the response. I need one more clarification.

While filing for H1B, since I am supposed to give a copy of all pages of the passport, do I do that after detaching the I-94 (because I dont want to do a COS). Doesn't the USCIS need to know my current immigration status (since I am already in the US)?

Thanks,
-rusgr7

[txh1b]

The only way to avoid a COS from a "not so trustworthy" employer is to not give a copy of the I-94 as they can check the COS box on the application and get you a COS without your knowledge.

For CP, there is no need to show your current status in US.