URGENT:- In US on H4 and re-entery from canada on H1

[ash123beav]

Hi,

I came to US 10 days back on H4 visa, I also have a valid H1B visa till 2013. After coming to US, my employer confirms the project for which i need an H1B status, Can anyone help me in below points.

1) Can i apply for Change of Status from H4 to H-1B but i read somewhere that i you have not work on H1B before than it will not possible.
2) Can i go to Canada a day in morning and re-enter US sameday with H1B status.? I am afraid here as what questions/concern the POE may have at this moment.

Please help me as this is really very urgent.

[shervin143]

1) Can i apply for Change of Status from H4 to H-1B but i read somewhere that i you have not work on H1B before than it will not possible.
>>> A COS from H4 to H1B is possible. You cannot work until the COS gets approved.

2) Can i go to Canada a day in morning and re-enter US same day with H1B status.? I am afraid here as what questions/concern the POE may have at this moment.
>>> If you can return all the I-94s when you leave and re-enter back in H1B visa and get a new I-94 associated with the H1B petition, then you will be in H1B status and you can work for the H1B sponsor. If you travel by road, then will not take the I-94 when you leave. They will ask you to use the same I-94 upon your return (whcih will be associated to H4) and it will not help. If you travel by flight, it might work.