h4 to h1 COS

[iswarya]

Hi All,


Currently I am in US for 3 months , I am in H1B a, my husband is in India in H4 visa , we are planning to file for Change of status and this is first time we are trying for his h1B ,

1 )does cos fall under h1b cap

2) h4 to h1 cos is a good options


please help me .

[raghvi]

Hi All,


Currently I am in US for 3 months , I am in H1B a, my husband is in India in H4 visa , we are planning to file for Change of status and this is first time we are trying for his h1B ,

1 )does cos fall under h1b cap

2) h4 to h1 cos is a good options


please help me .

If it is first time H1 then yes it will fall under cap. A Change Of Status (COS) cannot be filed if the person is outside US.

The employer would have to wait till 01-Apr-2014 to file as Cap will open only then. Also the COS will be effective only from 01-Oct-2014 or later.

This is my opinion not legal advice.

[iswarya]

If it is first time H1 then yes it will fall under cap. A Change Of Status (COS) cannot be filed if the person is outside US.

The employer would have to wait till 01-Apr-2014 to file as Cap will open only then. Also the COS will be effective only from 01-Oct-2014 or later.

This is my opinion not legal advice.

Thanks a lot

My husband is planning to come by March , is there any min days is required to stay in US before applying ,

any idea when is lottery result will be out ?

if he is h4 whether he can do business

[raghvi]

Thanks a lot

My husband is planning to come by March , is there any min days is required to stay in US before applying ,

any idea when is lottery result will be out ?

if he is h4 whether he can do business

There is no minimum days to be in US before applying.

Whether it will be lottery or not is a matter of speculation , as for date of results, its not like an examination date, or a lotto date that is fixed before hand. Each individual's petitioner/attorney is notified if their application was selected, if not, the package is returned.

On H4 he cannot do business.

This is my opinion not legal advice.

[iswarya]

There is no minimum days to be in US before applying.

Whether it will be lottery or not is a matter of speculation , as for date of results, its not like an examination date, or a lotto date that is fixed before hand. Each individual's petitioner/attorney is notified if their application was selected, if not, the package is returned.

On H4 he cannot do business.

This is my opinion not legal advice.

Thanks

If it fall under regular cap can he able to apply from India , if we got sponsorship ,

please guide us which is best options

[raghvi]

Yes. As I said a COS can only be applied if one is in US. If one is outside US H1 has is applied as consular process.

This is my opinion not legal advice.