H4 to H1 COS being in the US

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rajitha14

Registered Users (C)
Hi Guys,

My wife is here on H1 for the past 6 months and I joined her on 18th May, on H4 status. Also in the meantime my H1 got picked in the lottery (on 12/13th May) which was processed simultaneously. I had submitted my H4 visa approval copy to the lawyer at the time of applying for H1 visa. My queries are:

1) How long will my H1 take to get approved? After the approval can I start working from 01st October directly (currently my I –94 is on H4 status)

2) If “NO” then
a. How do I change the status without leaving the US? and what is the procedure- what are the forms to be filled? What will be the USCIS fee? How long will this process take?
(Or)
b. Do I need to leave and re-enter the US with valid I –94 (with H1 status)? If yes, can I go to Mexico/Canada instead of going all the way to India?

3) Also my wife is planning to change company in the meantime, will it affect my COS process from H4 to H1? What is the general time frame for H1 transfer from company A to company B?
 
All depends how your future employer applied for your H-1B. If they applied as a change of status, then the approval notice will contain an I-94. Assuming the application get approved and the requested start date is October 1, 2008 (earliest possible), your status will automatically change to H-1B from that day.

On the other hand if the application is not COS type, then you can remain in H-4 status in the US (even beyond the start date, as long as H-4 visa is valid). Whenever you want to change status, travel out of the country, get the new visa stamped at a consulate at Canada or Mexico or your Home Country and re-enter with the new status.
 
One more thing ... if your wife changes employment in the meantime, you don't have to worry about as long as your H-4 is valid. Apply for an extension if necessary.
 
Its consular type....

Hi,
I was told that my application is CONSULAR type and not COS type as I was not in the US at the time of filing the same. My queries are:

1. I presume that my application is pending to be approved – how do I apply for an amendment for status change from H4 to H1?
2. Is this same as COS-if not, what is the difference?
3. What is the procedure?
4. How much will that cost?
5. Once I get the approval will it be I797A or I797B? Will it have new I94 with status change mentioned?
6. Once I get the new I94, if I leave the country do I need to get the stamping done before re-entering the US again? If yes can I go to Mexico/Canada and get it done?

thx
 
Wait for the H-1 petition to be approved. No I-94 will be provided along with the approval notice. Next, you have to depart US to get the H-1 visa stamping at an US consulate. You will get a new I-94 at the time of entering the US.
 
Ok..its I797B

Hi!
My petition got approved on June 24th and today my lawyer got the papers...so what I came to know from him is :- "It is I797B without the I94" which means i would have to get COS with new I-94, if i ever plan to leave this country and re-enter.
1)Is it is it true that,to start working here from Oct-1 i do not need COS...as i can start working based on the approved petition and offer letter from the employer?
2)I was also told that COS is employer resp and i need not spend a pie on that ...is that true.?
3)Can i appy for SSN in the meantime...i mean before Oct,1st or need to wait till then?

thx..happy stay..
 
Hi Raj,
Since it is a 797b, you would need to leave the country and re-enter on the correct status.
Your current status is H-4 which does not allow you to start work. Also note that since your application is CONSULAR, you would need to apply at the consulate which was mentioned in your initial application.
You can always file an application to change the Consulate, but that takes time.
One of my co-workers was in a similar situation where the Consulate was Mexico and she wanted to get apply in London. She had to filw for a changes and it took months.
Hope this helps
 
For rajitha14

Answers below:
1. Your application is not a COS type. If you don't appear for visa stamping at the consulate you will still be on H-4 (provided that's valid) beyond October 1, 2008. So to start working on H-1B you must get the visa stamped at an US consulate before October 1.
2. That's true.
3. You can apply for SSN only after October 1, 2008 provided you stamped the visa.
 
Hi Guys !
thx for the reply.
1) If my employer files for COS and supposedly say,it does not come thru before Oct 01-can I still work on the basis of filing the COS or wait for it to get approved?

2) As per the petition its Chennai consulate, India. Is it mandatory that I should go to India or by any means can i go to Canada/Mexico and get it done...

Pl help n happy stay!
 
Last edited by a moderator:
Answers below:
1. No you cannot start till your petition is approved and you obtain the visa stamping.
2. For consular processing I would stick to the consulate mentioned in my petition.

Someone with an experience in changing consulates can add here.
 
You have a choice of selecting consulate when a I-94 is attached with the approval notice (or change of status application). Not sure about consular processing.
 
I guess NO, when it is consular process. The name of the US embassy will be clearly mentioned in the I129 (in my case it is "chennai").

But if it is COS, then probably u have an option of either going to Canada/Mexico.

am i right?
 
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