H4 to H1 COS 30-60-90 Applicable?

[aru123n]

Hi,

I have an H4 Visa valid til Oct 2013. I will be coming to the US for the first time in July 2012.

I plan to look for an employer who can sponsor my H1 Visa. I understand that for this the employer will have to file for COS from H4 to H1.

I have the following questions:

Is the 30-60-90 rule or any such rule applicable in my case?
How many days after entering the US would you recommend that I file for COS from H4 to H1?

[kabkaba]

What is 30-60-90?

H1 petition can be filed only while H1 cap remains open and the earliest start date is Oct 1. This assumes you have never had H1 in the past 6 years. It does not matter whether you are in the US or how many days you have spent in the US.

[aru123n]

Hi kabkaba,

Thanks for the reply!

As I understand, 30-60-90 rule comes from the "Seihoon v. Levy" lawsuit. It is related to COS and number of days spent in the US. I am not sure if this applies to my case though.

[kabkaba]

Both H4 and H1 Visas allow for immigrant intent. So it is not material as to when your intent changed.