H4 to H1 - Urgent query

[h1bquery]

My husband has applied for H1 this year. He is in the Masters quota. He is currently on H4.

If his H1 is approved through COS, does he have to move out of the country and return on Oct 1?

Or, does his COS only take affect on Oct 1?

[arajesh19]

My husband has applied for H1 this year. He is in the Masters quota. He is currently on H4.

If his H1 is approved through COS, does he have to move out of the country and return on Oct 1?

Or, does his COS only take affect on Oct 1?

--- If your husband is in the US, then his COS will apply only on Oct 1, 2009. He does not have to leave the country, get the visa stamped and come back. He can start his employment on Oct 1 with an approved I-797 petition.

If he is in India or outside the US, then he should get his H1B visa stamped and arrive in the US 10 days prior to his employment start date. He can also return to the US on his H4 prior to Oct 1 and his H1 will take effect Oct 1.

Seniors, please correct if there is an error.

Thanks
Rajesh

[h1bquery]

Why does he have to go for stamping if the COS comes with an I-94?

[arajesh19]

Why does he have to go for stamping if the COS comes with an I-94?

--- If your husband is in the US, and has an approved I-797 petition with an I-94 attached, then he does not have to leave the country to get an H1B visa stamped.

OMM, your suggestion of leaving the country to get an H1B stamp is incorrect.

Thanks
Rajesh

[OMM]

Why does he have to go for stamping if the COS comes with an I-94?

--- If your husband is in the US, and has an approved I-797 petition with an I-94 attached, then he does not have to leave the country to get an H1B visa stamped.

OMM, your suggestion of leaving the country to get an H1B stamp is incorrect.

Thanks
Rajesh

-- If your approval for the H-1B granted a change of status, you can begin work immediately. You will need to get the stamp in your passport before reentering the U.S. the next time you travel abroad. You can get it stamped either in your home country, Mexico, or Canada
Read more on FAQ on immihelp.
how can he get new I-94 without crossing USA borders?

[h1bquery]

Seniors pls help (Subramanya, txh1b,dmx17)

What is the confusion here? Seniors, please respond. My husband is currently on H4 in the US.

[arajesh19]

My husband has applied for H1 this year. He is in the Masters quota. He is currently on H4.

If his H1 is approved through COS, does he have to move out of the country and return on Oct 1?

Or, does his COS only take affect on Oct 1?

--- To start over, here is what should be done.

1) I am assuming your husband's H1B petition is his first H1B. If it is, then if the COS from H4 to H1B is approved, then an approved I-797 petition with a Validity from 10/01/2009 to 09/30/2012 & with an I-94 attached with the expiry date of 09/30/2012 will be provided to you/your husband's employer. This means his employment start should be 10/01/2009. If he wants, he can leave the country before Oct 1 and get his H1B stamping done and return to the US 10 days prior to Oct 1.

2) If in the future he decides to leave the US (for a vacation or anything before 09/30/2012) and plans on coming back to the US to work for his employer, then he must get an H1B stamping done. Upon arrival at the POE, he will be provided with a white I-94 (given on the flight) which the officer will stamp "Class: H1B & Valid until 09/30/2012" which is the expiry date on the I-797 petition and the H1B visa stamp on his passport.

Hope this clears any confusion you have.

Thanks
Rajesh