H4 to H1 procedure. plz guide me. urgent!!

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baneen

Registered Users (C)
I came to USA in April 2006 on H4 and am still on the same status. Now i tried to find work here and found a company who is willing to hire me on a full time permanent position and do my H1. Can you please guide me what are the different ways for going from H4 to H1 without leaving USA? I have read on many forums (but not sure) that we can file either a fresh H1 or COS from H4 to H1 ? what are the pros and cons. If we go for H4 to H1 COS, will I avail the whole 6 year term of H1, or will my previous years spent on H4 be deducted from the 6 year period ? Also please tell me what forms to file in either case.

baneen
 
baneen said:
I came to USA in April 2006 on H4 and am still on the same status.
Now i tried to find work here and found a company who is willing to hire me on a full time permanent position and do my H1.
Can you please guide me what are the different ways for going from H4 to H1 without leaving USA?
I have read on many forums (but not sure) that we can file either a fresh H1 or COS from H4 to H1 ?
what are the pros and cons. If we go for H4 to H1 COS, will I avail the whole 6 year term of H1, or will my previous years spent on H4 be deducted from the 6 year period ? Also please tell me what forms to file in either case.

baneen
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Before you think of employer filing H1 ask the employer if Employer has real job for you. Employer must pay you once your COS from H4 to H1 gets approved. FYI at this time USCIS ask lot of documents from employer for H1. If employer has violated H1 rule/regulation in past or kept H1 holder on Bench or H1 holder filed Complaint against Employer then it is not easy for that employer to get H1 approved.
If file H4 to H1 Change of status then Employer has to pay you or you will be out of status.
If employer files Fresh H1 then you will not get I-94 attached with H1 approval notice and you need to go out of US then get H1 visa stamp and then enter US on H1 status and get I-94 based on H1 status.
Many filed H4 to H1 COS and did not got paid and went out of status and then departed US and again entered on H4 status (If spouse on valid H1 status).
Don’t pay the employer for H1 filing. Talk to your lawyer for more info.
 
Thanks. you cleared my confusion. In my case, the employer has a real job for me, so that's not an issue. but can you please further clarify what you mean when you said :

"If file H4 to H1 Change of status then Employer has to pay you or you will be out of status."

when should the employer pay me ? I can only start work after i get my COS H4 to H1 approved. so after working for one month he has to pay me. am I right ?? or do you mean to say that he pay me immediately after the approval of COS (that sounds strange)?

One more question please: If I do the process with premium processing , how long will it take to get my H4 to H1 COS approved? What forms is the lawyer going to submit in my case (for premium processing H4 to H1 COS) and in what sequence? are we going to pay the premium processing fee for H1 (labor I-797) separate and for COS separate (i mean do we have to pay twice for premium processing (one for labor and one for COS)?

thanks a lot in advance.
 
baneen said:
Thanks. you cleared my confusion. In my case, the employer has a real job for me, so that's not an issue. but can you please further clarify what you mean when you said :

"If file H4 to H1 Change of status then Employer has to pay you or you will be out of status."
------------- if your H4 to H1 COS is approved then you should work with employer and if employer does NOT pay you once you are on H1 status then you will become out of status.
when should the employer pay me ? I can only start work after i get my COS H4 to H1 approved.
---------------Once H4 to H1 gets approved and you work with him
so after working for one month he has to pay me. am I right ??
--------------Correct
or do you mean to say that he pay me immediately after the approval of COS (that sounds strange)?
----read above.
One more question please: If I do the process with premium processing , how long will it take to get my H4 to H1 COS approved?
----20-25 days from the date USCIS gets Papers, If any RFE then count again 2-25 days from the date USCIS gets RFE reply.
What forms is the lawyer going to submit in my case (for premium processing H4 to H1 COS) and in what sequence?
--------------- Ask the lawyer or your employer and they should know what to submit to USCIS.
are we going to pay the premium processing fee for H1 (labor I-797) separate and for COS separate (i mean do we have to pay twice for premium processing (one for labor and one for COS)?
----- Employer only pay the premium processing fees for H1 to USCIS when file H1. not twice
thanks a lot in advance.
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