H4 to H1 Transfer(Does Have approved I 797)

[kranthi9]

Hi,
I had applied for H1 Visa in 2009 and got 221(g) query related to the Employer in 2009 September.Due to some Circumstances the Employer Didn't Respond to the Queries that were put down by the Consulate.I have an approved I 797 Which is Valid until Sept 2012.

I worked until Jan 2012 in India and Recently got married .I came to U.S on H4 Visa in Feb 2012. As Many suggested me as I do have approved I 797 in 2009 , I would't be coming under the Fresh quota of H1B. I can use the old approval to change the status from H4 to H1.

So can any One Suggest me the best way that I can transfer from H4 to H1 as I do have approved I 797 all I need is the Change of Status.

[shervin143]

Yes. Any employer can file a new H1B petition using the CAP from your previous H1B approval notice (give them a copy of your old H1B approval notice) and request an immediate start date. Once the petition gets approved, you can (and you should) start working for the H1B sponsor as of the H1B effective date.

[kranthi9]

Thanks Shervin143 for the Quick Response...
My small doubt regrading this is
Would Companies Consider this as Sponsorship? or Change of Status?
Bcz all the Calls on my technology Until now were from Fulltime Employers.
There were many employers who were not willing to sponsor H1....So will my Case come under Sponsorship or Change of Status? Pls let me know.

[shervin143]

You are talking about two entirely different things. If you want to work for an employer, then that employer should file a new H1B petition for you (you can call it H1B sponsorship if you want). If a company is filing an H1B petition for you, then it means you are a permanant employee of that company.

While fiing the petition, there are two options. One is file the petition as a COS from H4. In such case the H1B approval will come with a new I-94 attached which will allow you to work for the H1B sponsor (new employer) as of the H1B effective date without the need to leave the country and returning back in H1B visa. In this case, you should be working for the H1B sponsor as of the H1B effective date to maintain your H1B status. There should be paysips from day 1 on H1B status.

The second option is to file the H1B petition for consular process. In this case, even after the petition gets approved, you will remain to be in h4 status and you cannot work. Whenever you decide to work, you should leave the country, get the H1B visa stamped and return back in H1B visa to work for the H1B sponsor. For people filing the petition when they are outside U.S, this the only option available.

[sinra]

Any updates?

Hi,
I had applied for H1 Visa in 2009 and got 221(g) query related to the Employer in 2009 September.Due to some Circumstances the Employer Didn't Respond to the Queries that were put down by the Consulate.I have an approved I 797 Which is Valid until Sept 2012.

I worked until Jan 2012 in India and Recently got married .I came to U.S on H4 Visa in Feb 2012. As Many suggested me as I do have approved I 797 in 2009 , I would't be coming under the Fresh quota of H1B. I can use the old approval to change the status from H4 to H1.

So can any One Suggest me the best way that I can transfer from H4 to H1 as I do have approved I 797 all I need is the Change of Status.

Hi kranthi9, were you able to update your H1B status? Were there any complications?

[satritth]

Hi,

I am also in the similar situation.In my case I have i797 without i94.My employer applied for change of status from H4 to H1 and got RFE.

Now I don't know whether withdrawing the case will lose my H1b.

Note:My H4 is going to complete within a month.

Please advice.

Regards,
Sathya