H4 to H1 conversion after H1 expires

[charanjit78]

I was on H1 before but presently on H4. I worked for around 2 yrs on H1. The expiry date on my H1 petition is 30th Sep 2010. I would like to go back to H1 again.
1. Can I go back to H1 filing COS after the expiry date of earlier H1 i.e 30th Sep 2010 or do I need to do this before my original H1 petition expires.
2. Can I apply the COS with new employer along with H1 extension after 30th Sep 2010? I read somewhere that we can claim our remaining years of 6 yrs on H1 anytime.

[Subramanya]

I was on H1 before but presently on H4. I worked for around 2 yrs on H1. The expiry date on my H1 petition is 30th Sep 2010. I would like to go back to H1 again.
1. Can I go back to H1 filing COS after the expiry date of earlier H1 i.e 30th Sep 2010 or do I need to do this before my original H1 petition expires.
2. Can I apply the COS with new employer along with H1 extension after 30th Sep 2010? I read somewhere that we can claim our remaining years of 6 yrs on H1 anytime.

---- You need to do a COS from H4 to H1 (even if it is a new employer) and
---- You can start working only on the approval of H1 petition
---- You cannot do a H1 transfer as you are on H4
---- Yes, you can claim the remainder of the 6 years on H1

Subramanya

[charanjit78]

Thanks Subramanya,

This was really helpful. If I understand correctly, I can apply for COS from H4 to H1 even after my earlier H1 petition expires.
Could you please confirm the understanding?

[sk4ih]

If old H1 expired, you need new H1 to be started as COS.

[kabkaba]

Any employer can file a cap-exempt petition for you any time until you spend 6 years in the US in H1 status.
But, you can only start working after petition is approved with change of status to H1.

[getvee]

Hello Senior Members,
I am in same situation as "charanjit78".
My question is ,
How long ,it'll take for COS (in general)? and is there any fasttrack process to COS form H4 to H1?

Please advise..

[sk4ih]

2-3 months.
Go premium for an additional $1000 for a response in 15 days.

[shervin143]

Normal Process: Anywhere between 1-3 months.
Premium Process: 15 days (Additional $1000).

Hello Senior Members,
I am in same situation as "charanjit78".
My question is ,
How long ,it'll take for COS (in general)? and is there any fasttrack process to COS form H4 to H1?

Please advise..

[getvee]

Thank you shervin143 for quick reply.

Do you have any idea about the COS fee and Documents needed for it?

Vee

[shervin143]

The fee should be paid by the employer. Check the below links.

https://www.immihelp.com/h1b-petition-documents/

http://www.immihelp.com/forum/showthread.php?t=75721