H4 to H1 Change of Status and Stamping

[addsmiles]

My wife travelled recently on H4 to US. She was working in India and her company had applied for her H1 while she was in India on which the decision is still awaited. Assuming her H1 gets approved, how do we apply for a change of status so that she start working on H1? Also does she need to go back to india to get H1 stamped before she can start working?

Thanks in advance!

[shervin143]

Two options.

1) The employer will need to file a new I-129 as a COS from H4 to H1B. When the petition gets approved with a new I-94, she can start working for the employer. In this case, no eed to go out of U.S. Can stay and work in U.S until the I-94 that comes with the approval notice is valid. Need to get the H1B visa stamped only when she leaves U.S and want to return backin H1B status.

2) Leave the country now. Get the H1B visa stamped and return back in H1B visa and the approved H1B petition. This will get her a new I-94 at the POE which will allow her to work for the H1B sponsor.

[addsmiles]

Thank You Shervin. One more question here with regards to Option 1 below:

You said employer will need to file a new I-129 with COS, is that tantamount to filing a new H1-B, or is it just a COS application?

TIA
Prashant

[shervin143]

There is no difference. Every I-129 filed is a new petition (subjected to new CAP or old CAP) just with different options selected within the form based on new H1B or extension or change of status. In your case, the employer will need to file a new I-129 requesting a change of status from H4 to H1B.

Thank You Shervin. One more question here with regards to Option 1 below:

You said employer will need to file a new I-129 with COS, is that tantamount to filing a new H1-B, or is it just a COS application?

TIA
Prashant

[seattle12]

We are in exact similar situation.

there wont be any difficulty in filing for change of status as the H1B was initially filed under CP instead of COS?


You mean to say the COS filed now will be subject to cap then? if yes, cap is already reached so we cant apply now?

[shervin143]

We are in exact similar situation.
there wont be any difficulty in filing for change of status as the H1B was initially filed under CP instead of COS?
>>> This is your fourth post with the same question. Check your other post for answer and stop duplicate posts. Your question will be answered if you post it once.

You mean to say the COS filed now will be subject to cap then?
>>> Wait for the CP petition to get approved and then file the COS from H4 to H1B.

if yes, cap is already reached so we cant apply now?
>>> Read the above answer.

[seattle12]

Thanks a lot for your response.

Sorry about the duplicate posts. i was just replying in similar threads as i thought it will be answered at least in one thread.

[nyamin]

H4 to H1 Change of Status

I have an approved and expired H1-B (last approved on Nov 2008 as an extension to the original approval notice dated July 2006). I was on H1 status (staying in US) last on Oct 2008. My current employer in my home country is fine to file a cap-exempt based on the last approved extension petition by Aug 2014. However, if I travel to US in H4 by Oct 2014 (by taking a sabbatical/6-month leave as an employee of my current employer in home-country), and if the cap-exempt petition filed during Aug 2014 is approved later (say, when I am in H4 in US), will I be able to file a COS from H4 to H1 myself on behalf of my current employer (home-country) based on this latest approved cap-exempt petition? Should the application of COS be always an Employer or can it be the employee as well (as long as a valid H1 approval notice exists)?

[seattle12]

I have an approved and expired H1-B (last approved on Nov 2008 as an extension to the original approval notice dated July 2006). I was on H1 status (staying in US) last on Oct 2008. My current employer in my home country is fine to file a cap-exempt based on the last approved extension petition by Aug 2014. However, if I travel to US in H4 by Oct 2014 (by taking a sabbatical/6-month leave as an employee of my current employer in home-country), and if the cap-exempt petition filed during Aug 2014 is approved later (say, when I am in H4 in US), will I be able to file a COS from H4 to H1 myself on behalf of my current employer (home-country) based on this latest approved cap-exempt petition? Should the application of COS be always an Employer or can it be the employee as well (as long as a valid H1 approval notice exists)?

Travel to US on H4 and file for a COS from H4 to H1 either through current employer or any new employer. Only an employer can file this.

If your petition is approved you will get i94 too since your are filing COS. And you are good to start working.

your case seems to be very straight forward and any employer will be more than happy to take you. Good luck

Note: am not a lawyer. this is based on my knowledge only.

[andiamo]

H-4 to H-1 COS , approved petition

Travel to US on H4 and file for a COS from H4 to H1 either through current employer or any new employer. Only an employer can file this.

If your petition is approved you will get i94 too since your are filing COS. And you are good to start working.

your case seems to be very straight forward and any employer will be more than happy to take you. Good luck

Note: am not a lawyer. this is based on my knowledge only.

I have a similar query, but I recently got notified that my H-1 petition filed through Consular processing has been approved

Now I am considering getting an H-4 stamping done and travel to stay with my spouse.
Meantime, my employer has said he can file a H-4 to H-1 COS under premium around September so that I can start working from October.

Would there be any complications I need to be wary of with this approach, and is the COS going to be treated as a fresh application and is it only the base filing fee the employer has to bear ?

Advise please

[somasundarv]

H4 to H1 COS

Hi,

I have a similar question.

I have a H1B visa valid till Sep-2019.*My Fiancee has H1B visa stamped valid*till end of next year. She has never been in US before on H1. She couldn't able to make it to US through her current employer. Once we are married*I'm planning to get her to US to start working here. I have few doubts regarding this.

1. If she go for H-4 stamping now , will her H1B*gets*cancelled?
2. If she travel to US using H4 , can she change visa*status to H1B for another employer?

3. If yes, what is the process or steps for that?*

Let me know whether there is a better alternative solution for this.

Thanks in advance.

[sachintendulkar]

H4 to H1

Hello There,

I am in big confusion, it would be of great help if i can get any advice. I got this reference from my spouse as her employer does all immigration work through your company.

I was working with Dell in India, My wife got H1 from her employer and moved to US in 2016. Luckily even I got one H1 sponsorer from US and my H1 got approved in 2016. However since I didn't have any project in US. I decided to move to US on H4 and then get visa status changed to H1 once i get the job in US. I moved to US in March 2017 on H4. For many reasons I didn't go for change of status till now. Now I have decided to get the status changed to H1. But my current employer who filed for my H1 initially informed that all H1 petitions which were applied in 2017 got rejected because the client letter is not working now, even i have the same client letter. Also he is charging fee of new H1 for applying for change of status from H4 to H1. Even after paying whole amount there is no guarantee that it will get approved or this employer would get me a project after visa approval.

So i am planning to search for job and then get the status changed from H4 to H1 with new employer. Is it possible to get my status changed with new petition from new employer without even working for a day for current employer ?
As per my knowledge it is possible with all documents required for H1b and approved petition as it will be cap exempt.

I believe it should work even without any pay stubs of current employer under whom the petition got approved, because I could say that I was working with Dell back in India and once my H1 petition got approved I left that job(I have pay stubs of Dell in India) later the project in US to which i was selected got closed so I didn't go for stamping of H1 and i came to US on H4 as my wife was already in US in H1(i had H4 stamping even before applying for H1). Now i don't have project with old employer so I found new project with new employer and client so I am applying for change of status with new employer. I dont have any pay stubs since i didn't work for old employer even once in US. Does this work ?

I am just assuming this after researching online, please clarify my doubt so that I could decide on what to do to get my career back on track. Thanks in advance.

Regards,
Sachin