H4 to H1

[shery30]

Hi,

I need some help related to a question.

I have applied to H1 when i was in India, later got married and travelled to US on H4 as my husband was already on H1. Now after coming to US i got a conformation from my consultant that my H1 was approved in lottery and he mentioned that as i was not in US so i did not get my I-94 along with the I-797. Now i have I-94 on H4 visa, can i convert my case from H4 to H1 staying in US, if yes can u help me with the procedure?

Thanks in Advance

Shery

 

[ginnu]

Hi,

I need some help related to a question.

I have applied to H1 when i was in India, later got married and travelled to US on H4 as my husband was already on H1. Now after coming to US i got a conformation from my consultant that my H1 was approved in lottery and he mentioned that as i was not in US so i did not get my I-94 along with the I-797. Now i have I-94 on H4 visa, can i convert my case from H4 to H1 staying in US, if yes can u help me with the procedure?

Thanks in Advance

Shery

First make sure that employer will pay you if you are on H1 status. if he says he has job for you then employer can file H4 to H1 Change of status with USCIS and once you get H1 approval notice then you can start work.

 

[shery30]

First make sure that employer will pay you if you are on H1 status. if he says he has job for you then employer can file H4 to H1 Change of status with USCIS and once you get H1 approval notice then you can start work.

Thanks for the reply, Currently i am still on H4, Is this possible to change status from H4 to H1 as i don't have I-94. I just got I797 from USCIS (Because i applied for H1 when i was ne India)

Thanks & Regards
Shery

 

[ginnu]

Thanks for the reply,

Currently i am still on H4, Is this possible to change status from H4 to H1 as i don't have I-94.
--------------------You have H4 based valid I-94 as you came back to US on H4 status and employer can file H4 to H1 COS with copy of H4 based I-94.

I just got I797 from USCIS (Because i applied for H1 when i was ne India)

Thanks & Regards
Shery

------------------------ FYI at this time it is not easy to find job on H1 and USCIS ask lot of documents from employer for H1 or H4to H1 COS or for H1 Transfer. I have seen many cases in 1-2 years those who filed H4 to H1 COS and once H1 got approved employer was not able to pay and they became out of status on H1 and then again they could not file H1 to H4 COS in US and they departed US and again entered on H4. Make sure your employer is going to pay you after your status from H4 to H1 gets approved. If you employer is Consulting company then USCIS is going to ask for lot of documents from company if they file H4 to H1 change of status. Most of the Consulting companies at this time are investigated who kept H1 holder on bench or did not pay in past or violated H1 regulation/rule.