H4 to H1 Questions

S

shokaido

Registered Users (C)
A company is applying for a new H1 for me and I am in H4 status now.

In the initial I-129 H1B application, the employer chose the option to let me get a visa at an oversea US consulate and the petition gets approved. In this case, do I still have any option to change status from H4 to H1 without leaving the U.S.?

In addition, if I don't go abroad to obtain an H1B visa, will the new H1B become valid upon its approved starting date, and will my H4 status expire at the same time?

Thanks a for shedding some light onto my problem.
 
shokaido said:
A company is applying for a new H1 for me and I am in H4 status now.

In the initial I-129 H1B application, the employer chose the option to let me get a visa at an oversea US consulate and the petition gets approved. In this case, do I still have any option to change status from H4 to H1 without leaving the U.S.?

Did you get I 94 at the bottom of your H1 approval notice, which bear original I 94 card number.? If answer is yes, you can start working with yur sponser, without visa stamping in your pp.

In addition, if I don't go abroad to obtain an H1B visa, will the new H1B become valid upon its approved starting date, and will my H4 status expire at the same time?
If answer to above question is NO, you need to go out and get your H1 visa stamped and get new I 94 card at the POE with citation H1, to get your SSN and start working with your sponser.
Thanks a for shedding some light onto my problem.
Click to expand...
 
Thanks a lot to Great Guru.

I got the H1B approval notice the past Friday. It came WITHOUT an I-94. I think I need to go abroad and come back with a new H1B visa stamp in order to work for the company. The approved starting date is July 5, 2005.

Because I am not sure when I'll leave the US to get a visa and whether on earth I still want to work for this company, how long can I stay under the current H4 status?

By the way, my H4 needs to get extended pretty soon, as my spouse's H1B will expire on Oct 1, 2005 and our I-485/I-140 are pending.
 
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