H4 to H1 change of status - urgent, please help

N

njmam

New Member
I entered US in February 2004 on H4 visa.

Later in the year, I applied for a H1B visa on September 22, 2004 through a consulting company.

On October 18, 2004 I travelled outside USA and entered back on November 2, 2004 on H4 itself (my H1B petition was still pending at this time).

I have got H1B approval this month (December 2004), however my change of status from H4 to H1 has been rejected for the reason I travelled out of country when my change of status application was pending.

I have the following questions:

1) What is the course of action available for me to start working using H1B.

2) My I797 approval has directed me to the consulate in chennai. can i go to a consulate at another place instead of chennai.

3) can i apply for a fresh change of status retaining the approved H1.

4) Is my H4 status impaired in any way..My I94 based on h4 is valid till january 2006.

5) I have got a project and the work is to start sometime in January 2005.

Thanks in advance.
 
H4 to H1

Hi,

I've the same issu as you described. what did you you do at that time any suggesions on what i should do

njmam said:
I entered US in February 2004 on H4 visa.

Later in the year, I applied for a H1B visa on September 22, 2004 through a consulting company.

On October 18, 2004 I travelled outside USA and entered back on November 2, 2004 on H4 itself (my H1B petition was still pending at this time).

I have got H1B approval this month (December 2004), however my change of status from H4 to H1 has been rejected for the reason I travelled out of country when my change of status application was pending.

I have the following questions:

1) What is the course of action available for me to start working using H1B.

2) My I797 approval has directed me to the consulate in chennai. can i go to a consulate at another place instead of chennai.

3) can i apply for a fresh change of status retaining the approved H1.

4) Is my H4 status impaired in any way..My I94 based on h4 is valid till january 2006.

5) I have got a project and the work is to start sometime in January 2005.

Thanks in advance.
Click to expand...
 
njmam said:
I entered US in February 2004 on H4 visa.

Later in the year, I applied for a H1B visa on September 22, 2004 through a consulting company.

On October 18, 2004 I travelled outside USA and entered back on November 2, 2004 on H4 itself (my H1B petition was still pending at this time).

I have got H1B approval this month (December 2004), however my change of status from H4 to H1 has been rejected for the reason I travelled out of country when my change of status application was pending.

I have the following questions:

1) What is the course of action available for me to start working using H1B.

Goto Chennai and get visa H1 stamped and enter with H1 (I 94) to start working
2) My I797 approval has directed me to the consulate in chennai. can i go to a consulate at another place instead of chennai.
Yes, provided you have send a application to INS through your attorney to change the consulate to your choice. May take 90 to 180 days.
3) can i apply for a fresh change of status retaining the approved H1.
Yes. May be you may get h1 approval with out COS. Who knows.

4) Is my H4 status impaired in any way..My I94 based on h4 is valid till january 2006. NO.
5) I have got a project and the work is to start sometime in January 2005.

Thanks in advance.
Click to expand...
 
degree certificate

I am on H4 and completed my masters on H4, now moving to H1B. I do not have the degree certificate from India (Engg College). I have all the marks sheet and provisional certificate. It’s going to take a couple of months to get that. Should I wait and apply for H1 or apply in the month of April and then send just the certificate later???

Please do reply.
Thanks,
 
H4 To H1 Transfer

Hi,
I have applied my H1 Papers somewhere at the End of May. My qsn is "Does anyon who has applied for H1 ahs got their LIN Number? And also can anybody say my Chances of Getting the Visa as I have applied Late"

If any one knows any information pls share it with me

Bye
 
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