Can Infosys file for a Change of Status from H4 to H1?

[summne]

Here is my situation:

I am currently working for infosys in India and Infosys is willing to apply for my H1B in April 2011. I plan to get married in March 2011 and my fiance is a H1B already. I will be entering the US of A in march 2011 on a H4 visa.. So my question is:

1. In April 2011, given that I will already be in the USA on a H4, can Infosys apply for a Change Of Status from H4 to H1 instead of consular processing? If so, I need not come back to India for stamping once H1 is approved and can just begin my employment on H1, correct?

2. Is October 1st the date for H1 employment even for Change Of Status or can the applicant begin employment earlier given that the applicant is already in the United States?

Thanks for your help!

[kabkaba]

Here is my situation:

I am currently working for infosys in India and Infosys is willing to apply for my H1B in April 2011. I plan to get married in March 2011 and my fiance is a H1B already. I will be entering the US of A in march 2011 on a H4 visa.. So my question is:

1. In April 2011, given that I will already be in the USA on a H4, can Infosys apply for a Change Of Status from H4 to H1 instead of consular processing? If so, I need not come back to India for stamping once H1 is approved and can just begin my employment on H1, correct?

Yes. But big companies like Infosys have policies defining such things. You should consult with your HR.

2. Is October 1st the date for H1 employment even for Change Of Status or can the applicant begin employment earlier given that the applicant is already in the United States?

No. Employment can only start on Oct 1.

Thanks for your help!

Answers above.

[Subramanya]

Here is my situation:

I am currently working for infosys in India and Infosys is willing to apply for my H1B in April 2011. I plan to get married in March 2011 and my fiance is a H1B already. I will be entering the US of A in march 2011 on a H4 visa.. So my question is:

1. In April 2011, given that I will already be in the USA on a H4, can Infosys apply for a Change Of Status from H4 to H1 instead of consular processing? If so, I need not come back to India for stamping once H1 is approved and can just begin my employment on H1, correct?

---- Yes, you can apply for aCOS from H4 to H1 while in the US. However, you can start working only aftere the H1 is approved and not with the receipt number

2. Is October 1st the date for H1 employment even for Change Of Status or can the applicant begin employment earlier given that the applicant is already in the United States?

---- COS can be applied at any time of the year. There is no starting date as such. Its between you and the employer as to ehn you want to start

Subramanya

[seattle12]

Eventhough the H1B was filed under CP, its allowed to file for change of status from h4 to H1?

Is it not required to go outside US and get stamping done as the H1 was initially NOT filed under COS instead of CP?

Please clarify. My wife is in similar situation.

[shervin143]

Stop duplicate posts. It is a waste of everyone's time. Check your other post for the answer.

Eventhough the H1B was filed under CP, its allowed to file for change of status from h4 to H1?

Is it not required to go outside US and get stamping done as the H1 was initially NOT filed under COS instead of CP?

Please clarify. My wife is in similar situation.