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COS from H4 to H1b

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  • COS from H4 to H1b

    Hi,

    I am here in usa on h4 visa for almost 8 months, I have applied for h1b for 2013 cab through a company xxx and got it approved on nov 2012,My question is what are the chances of chaning my visa status from h4 to h1 without going to India for visa stamping and if there is any process for changing the status how many months does it take to change from h4 to h1b.

    Please ellobrate the processs involved in COS process of H4 to H1?

  • #2
    First of all if the H1 petition was filed when you were present in the US, it is possible that it already includes change of status. Check the approval notice, does it state that the change of status is approved, does it have an I-94 at the bottom? If yes, your status is already changed and you need to be working for this employer.

    If status has not changed, your employer will need to file a petition amendment. It is a relatively straightforward process and after amendment is approved, you can and must join the employer. It can take about 2 to 3 months.
    This is my opinion and not legal advice.

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