Change of status from H4 to H1b

[tech]

Is it possible to file H1B petition without filling change of status?

Hi, I entered USA with H4 visa and find an employer who filled H1B petition for me without filling change of status from H4 to H1. I have approved I-797 effective from Oct 01, 09 .my employer told me that if I am not changing my status from h4 to h1 then you have status of H4.According to him,currently my status is H4.

but, I have heard that change of status is automatic while i am in USA and I-797 effective date-1st oct 09 is reached , so my status should be H1B.

what is should be my current status either H1B or H4?
so anybody can hepl me?

Thank you for considering my thread...

[shervin143]

Did your I-797 come with a new I-94?

[tech]

thanks for your reply..

There is nothing like I-94(I-94 means a portion available at the end of our i-797 document on where "tear from here ...."something like that written) in my I 797 ..

[shervin143]

Do you have the original I-797 approval notice with you? Usually it is sent to the company attorney and not directly to you. The bottom right hand portion of the I-797 approval notice will contain the new I-94 (It would clearly say, "Detach here and attach to your current I-94 in the passport"). If you have received it, then your status has changed to H1B and you can starting working for the employer. If not, then you will have to leave the county before your current I-94 expires, get the H1B stamped in your passport and then re-enter with the new I-94 to start working for this employer.

[tech]

can my employer or I fiile for change of status from H4 to H1B?
if yes then can i also file for my spouse H4 along with my H1B as my spouse company is laying off?

can i do Change of status back to H4 once my spouse get H1B visa back after his COS to H4, and can i then go back to H1B when i want with same or different employer?

Do USCIS requires client letter when i or my employer applies for COS from H4 to H1B?

Thanks for this prompt reply