Changing from H4 to H1B

[sunitha75]

Hi,

I entered US on November 2007 on H1B. On Sep 2009 I had to quit the job and my company canceled my H1 and changed me to H4. My original H1B is valid through Oct 2013.

Now I have a job offer from a consultant through wipro ltd and the consultant is going to file for a change of status from H4 to H1B on premium in a couple of days. (They say I need not go through Cap, since I already went through the cap once.)

I need a few clarifications, before the actual filing is done. Can someone please help by giving me a quick response.

1. I understand that h4 to H1 is a change of status. Is there any problem doing the COS which will concern my later stay in US or when I leave the country?

2. I will be working on a corp-to-corp basis, means I will be on the payroll of my consultant, but will be contracted to an India based company, for a project running at one of their client's site. My consultant has received a Statement of work from the company (wipro) and it just states that wipro has selected me for so and so designation and rate and it does not mention any thing about the client /project which I will be handling. Would this be sufficient for filing? Do the consultant need an invitation letter from the client side also, to be included for H1 filing?

3. What are the other documents that are need? I have the copies of all previous I-797s including H4 petitions and I-94s, all mark lists and certificates, paystubs, w2 etc. are there any other specific documents that is needed for smooth processing?

4. This will be filed for premium processing. so what will be the expenses and what is the actual processing time.

5. If the status is changed from H4 to H1, for some reasons in future, if I want to change again to H4, is that possible?

6. If H1 (h4-H1) is approved, and petition comes with i-94, I can stay in US till the I-94 date right? What will be the case if I have to take a vacation to India? per my understanding it is a stamping at the consulate. right?

7. If for some reason the change of status from H4-H1 is not approved, do I automatically go back to the H4 status and can be with my family? Or Do I have to leave US?

8. If the H4-H1 is not approved, will there be a refund of some of the expenses? If so how much in case of premium processing?

Please help by giving a quick reply. Thanks so much!!!

Sunitha

[sunitha75]

Change of status from H4 to H1B

Hi ,

Can someone please help me on these concerns?

Thanks
Sunitha

[kabkaba]

Hi,

I entered US on November 2007 on H1B. On Sep 2009 I had to quit the job and my company canceled my H1 and changed me to H4. My original H1B is valid through Oct 2013.

How is that possible? Was a petition filed on 2010 to get 2013 validity? Did you specifically file I-539 to change to H4? Do you have an approval notice with I-94 at the bottom? Have you traveled out of US after that?

Now I have a job offer from a consultant through wipro ltd and the consultant is going to file for a change of status from H4 to H1B on premium in a couple of days. (They say I need not go through Cap, since I already went through the cap once.)

That is correct.

I need a few clarifications, before the actual filing is done. Can someone please help by giving me a quick response.

1. I understand that h4 to H1 is a change of status. Is there any problem doing the COS which will concern my later stay in US or when I leave the country?

Absolutely no problem.

2. I will be working on a corp-to-corp basis, means I will be on the payroll of my consultant, but will be contracted to an India based company, for a project running at one of their client's site. My consultant has received a Statement of work from the company (wipro) and it just states that wipro has selected me for so and so designation and rate and it does not mention any thing about the client /project which I will be handling. Would this be sufficient for filing? Do the consultant need an invitation letter from the client side also, to be included for H1 filing?

That is not your problem, the employer needs to handle all that. Remember you are employed by your employer and they are required to pay you as per LCA. Where they send you to work and what documents they produce to get an approval is their problem? You have to make sure that LCA is filed as per appropriate work location and you are paid as per LCA.

3. What are the other documents that are need? I have the copies of all previous I-797s including H4 petitions and I-94s, all mark lists and certificates, paystubs, w2 etc. are there any other specific documents that is needed for smooth processing?

They will need your latest H4 I-94 (POE or change of status) and proof that your spouse is maintaining H1 status. Proof of your 4 year Bachelor's degree, marriage certificate and copy of previous H1 approval notice (to prove cap-exemption).

4. This will be filed for premium processing. so what will be the expenses and what is the actual processing time.

Premium processing fee is 1250 and it can be paid by the employee. Petition filing fees must be paid by the employer. Unless there is an RFE they will make a decision in 15 days. If they send an RFE, they will make a decision within 15 days after they receive RFE response.

5. If the status is changed from H4 to H1, for some reasons in future, if I want to change again to H4, is that possible?

Yes, as long as your spouse is maintaining H1 status.

6. If H1 (h4-H1) is approved, and petition comes with i-94, I can stay in US till the I-94 date right? What will be the case if I have to take a vacation to India? per my understanding it is a stamping at the consulate. right?

You can (and must) begin working after change of status is approved and not before. After that point whenever you leave the US and want to return in H1 status, you will need to obtain an H1 Visa from a US Embassy/Consulate abroad.

7. If for some reason the change of status from H4-H1 is not approved, do I automatically go back to the H4 status and can be with my family? Or Do I have to leave US?

Your previous status (H4) is not canceled and you can stay in the US as per your latest H4 I-94.

8. If the H4-H1 is not approved, will there be a refund of some of the expenses? If so how much in case of premium processing?

No. Filing fees are filing fees and not approval fees. You should not be worried about this since all expenses are born by the employer.

Please help by giving a quick reply. Thanks so much!!!

Sunitha

See above.

[sunitha75]

Thanks you so much for a quick reply.