H4 to H1 COS

[Thenmozhi12]

I came to US in 2012 in H4 Visa. I had applied for my H1B in 2013 with a consulting company and it was approved. My employer says that change of status is not approved. They will apply for change of status only if I get a job offer and it will be approved in 3 weeks time (through premium). I have asked for documents and they are not sharing any with me. Please advice how do I proceed to obtain the visa documents.

[raghvi]

I came to US in 2012 in H4 Visa. I had applied for my H1B in 2013 with a consulting company and it was approved. My employer says that change of status is not approved. They will apply for change of status only if I get a job offer and it will be approved in 3 weeks time (through premium). I have asked for documents and they are not sharing any with me. Please advice how do I proceed to obtain the visa documents.

Technically its the employer's petition hence if they dont want to share there is hardly anything you can do. There is a FOIA (Freedom Of Information Act) but havent seen anyone have success in getting H1 petition details using that.

This is my opinion not legal advice.

[Thenmozhi12]

Thank you for the reply.

Can someone please advise on if there is a time limit for the change of status from h4 to h1?
H1 is approved without COS and h4 is due for extension by Aug 2014. Is it possible to extend my h4 while h1b is in approved status?