H4 to H1B Change of Status queries

[sowjanya.koka]

I entered to U.S on Feb 2014 with H4 Visa. An employer is applied a New H1B for my skillset in this year April 2014 (2015 Cap) and got the I-797 approval notice on June 2014.

1) Do my employer need to apply Change of status from H4 -> H1 (OR) Not required? Is i am eligible to work from 1st October legally?

2) When i am eligible to apply SSN?


Can any one please respond.

[raghvi]

I entered to U.S on Feb 2014 with H4 Visa. An employer is applied a New H1B for my skillset in this year April 2014 (2015 Cap) and got the I-797 approval notice on June 2014.

1) Do my employer need to apply Change of status from H4 -> H1 (OR) Not required? Is i am eligible to work from 1st October legally?

2) When i am eligible to apply SSN?


Can any one please respond.

Did you get H1 approval notice along with a new I-94? Check the bottom half of the I797 approval notice, does it have a I-94?

1. If above answer is Yes then no need to file a COS as you would automatically move to H1 from 01-Oct-2014 (provided you dont travel out). You must work and get paid from 01-Oct-2014 to maintain status.
2. If above answer is Yes then you can apply SSN on or after 01-Oct-2014.

This is my opinion not legal advice.