Query on COS from H4 to H1

[Shikha1234]

Hi,

I came along with my husband on H4 in September 2011. We are searching for consultants/employers who can sponsor H1 / do a COS from H4 to H1.

a) Is there a limit to stay on H4 for a certain duration before any consultant can do this conversion?

b) We heard from consultants that there is a premium option which can get us the H1 in about 3 weeks. Is that true? Are there any risks involved?

Please help !!!

[shervin143]

a) Is there a limit to stay on H4 for a certain duration before any consultant can do this conversion?
>>> No.

b) We heard from consultants that there is a premium option which can get us the H1 in about 3 weeks. Is that true?
>>> Yes.

Are there any risks involved?
>>> No.

[Shikha1234]

Thanks a lot Shervin !!
Also,
a) Whenever a COS from H4 to H1 gets approved, are we going to receive a new I-94 ?
b) Is there any reliable database which could tell which consultant could be trusted. Some consultants do not proceed to sponsor without a refundable fee/ security deposit.

[shervin143]

a) Whenever a COS from H4 to H1 gets approved, are we going to receive a new I-94 ?
>>> Yes. Otherwise it is not a COS (it will be for consular process) and you cannot start working without a new I-94.

b) Is there any reliable database which could tell which consultant could be trusted. Some consultants do not proceed to sponsor without a refundable fee/ security deposit.
>>> You have to do your research and read the experiences posted by others. No consultancy company is 100% reliable. If you want reliability, then you should consider full time with a good reputed company. Check here.
http://www.immihelp.com/h1b-sponsori...nies-database/

[Shikha1234]

Thanks ! One follow up question - Can a consultancy file a fresh H1b for me instead of doing a COS from H4 to H1? Is this scenario valid? If yes, in that case also, is a new I94 required to work in US?

Please clarify.

[shervin143]

Without a new I-94, you will remain in the H4 status. When you are in H4 status, you cannot work. A company can sure file you a H1B petition as a consular process instead of a COS. In such case, the petition if approved will come without a new I-94 and you will remain in H4 status. Whenever you are ready to work, you need to leave the country, get the H1B visa stamped based on the approved petition and return back in H1B visa. At the POE show the approved H1B petition and the H1B visa and they will issue you a new I-94. That will put you in H1B status and you should start working immediately upon entering U.S.

Thanks ! One follow up question - Can a consultancy file a fresh H1b for me instead of doing a COS from H4 to H1? Is this scenario valid? If yes, in that case also, is a new I94 required to work in US?

Please clarify.

[Shikha1234]

Thanks. This really helped !!