h4-h1 COS

[cpuri4]

I was on H1 for almost 3 yrs and was working throughout those 3 yrs legally with all the pay stubs etc.
In Aug 2009 I changed my status to h4 because my job got over and Sept 2009 i was due for 3 yr h1b extn. But due to not having client letter to support my h1b extn application, my employer suggested to do COS to h4 so I am currently on approved h4 with the new I-94. (my h1b has now expired in Sept 2009). I am now getting offers for Job but I have some questions before I can take up any offers.

Q1. Can I do a COS from H4 to H1b even though the 3 yrs on H1b has expired?
Q2. Will my h1b COS be counted again in the quota (it was already counted when my H1b was approved earlier) ?
Q3. When can one start the job, after the COS petition is recvd by USCIS or only after h1b approval ?
Q4. How much processing time does it takes to get the COS done from h4 to h1 these days ?
Q5. Can a Premium processing be done ?
Q6. Do we have to stick with the same employer for filing COS or can we change the employer ?

Any help in answering the above questions will be highly appreciated.

Regds,
C

 

[ginnu]

I was on H1 for almost 3 yrs and was working throughout those 3 yrs legally with all the pay stubs etc.
In Aug 2009 I changed my status to h4 because my job got over and Sept 2009 i was due for 3 yr h1b extn. But due to not having client letter to support my h1b extn application, my employer suggested to do COS to h4 so I am currently on approved h4 with the new I-94. (my h1b has now expired in Sept 2009). I am now getting offers for Job but I have some questions before I can take up any offers.

Q1. Can I do a COS from H4 to H1b even though the 3 yrs on H1b has expired?
--------------yes (if your spouse is on H1 status)

Q2. Will my h1b COS be counted again in the quota (it was already counted when my H1b was approved earlier) ?
----------No.
Q3. When can one start the job, after the COS petition is recvd by USCIS or only after h1b approval ?
------------after COS is approved.
Q4. How much processing time does it takes to get the COS done from h4 to h1 these days ?
-----------------------3-4 months.
Q5. Can a Premium processing be done ?
-----------I dont remember. check with lawyer.

Q6. Do we have to stick with the same employer for filing COS or can we change the employer ?
----------if employer X file H1 then you should be with X if Y file then you should be ready to work with Y.
Any help in answering the above questions will be highly appreciated.

Regds,
C

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