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Change of Status H4 to H1

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  • Change of Status H4 to H1

    I entered usa in H4 visa in july 2008 , while my H1 was applied from india in april 2008 ,and H1 got approved . now my employer is forcing me to do COS(H4 to H1) or go to india for stamping because he can't hold my H1 in a approved state so long . due to current market condition and so many rejections i am afraid to go for COS . He is asking $2800 only for regular COS processing !!!! thats too high , he is going to file fresh H1 petition I129 along with COS I539 .

    my question is
    instead of applying fresh H1 petition i.e I129 , since my H1 is already in approved state so can i apply only I539 for changing my status ?

    please help me

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