H4 Visa to H1 : through change of status - Moving from Canada to US

[June2021]

Hi,

I'm currently working for a US based SW company and work with US team from Canada. I have H-4 visa stamp and my H-1B application was picked in the second lottery. I'm planning to move to US on H-4 visa and request employer to prepare my application with updated I-94 and submit H-1B application documents.

I would like to know if I can take this route and move to US and live there while my H-1B application is under processing. I understand I won't be able to work for the duration my application is under processing and until approved. I will request employer to put me on unpaid leave for 2-3weeks, until H-1B is approved.

Can you anyone suggest if anyone has got H-1 approved in such a scenario?

Thanks!!

[rkk09]

Hi,
Yes. If you have valid H4 visa you can travel then once reach the US, you can file change of status petition. As you mentioned, Please make sure to not work during your H4 status and upon Approval, you can start working under H1B.
Thanks.

[June2021]

Thank you so much for the response rkk09 !!

[June2021]

Hi rkk09 , I have query regarding my H4 to H1B case. How likely am I to get a RFE when I apply for H1B and is there any case you are aware of? My employer is hesitant in filing under COS. They are afraid that this process might lead to RFE and wants to file under consular processing as I'm currently in Canada.

Can anyone share their experience/stats on getting a RFE while applying for H1B visa under COs ( H4 visa -> H1B).

Thank you!!

[rkk09]

Hi,
If you are in the USA on H4 status then you can file the H1B petition with change of status. I don't feel, it will make any issues. But, If you will have any travel plan or you are right now abroad then you will have to file the H1B petition with only consular processing. There is no doubt on this.
Upon approval of H1B petition and visa approval from the consulate, you can travel to the USA.
Thanks