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Process for Change of status from H4 to H1b

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  • Process for Change of status from H4 to H1b

    Hi I am having a H1b visa and presently staying in US. My wife has a H4 visa and H1b petition approved.
    What is the process to change her status from H4 to H1b without travelling back to India.

    Please help

  • #2
    Originally posted by anmolnegi View Post
    Hi I am having a H1b visa and presently staying in US. My wife has a H4 visa and H1b petition approved.
    What is the process to change her status from H4 to H1b without travelling back to India.

    Please help
    Did you/your spouse not ask these questions to her H1 employer? remember the entity sponsoring her H1 petition is the actual employer.

    Now, if you say her H1 is approved - did you already get an approval notice in hand? Was it processed as consular or COS?

    If it was processed as COS then the bottom half of the approval notice would have an I-94 date. In that case she would automatically move to H1 from that date, and she must work and get paid as per LCA from that date onwards other wise she would go out of status.

    If it was processed as consular then either she leaves US , gets H1 stamping and return and work and get paid by the H1 employer . OR . Her H1 employer files for an amendment to convert from consular to COS which may or may not get approved by USCIS.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Did you/your spouse not ask these questions to her H1 employer? remember the entity sponsoring her H1 petition is the actual employer.

      Now, if you say her H1 is approved - did you already get an approval notice in hand? Was it processed as consular or COS?

      If it was processed as COS then the bottom half of the approval notice would have an I-94 date. In that case she would automatically move to H1 from that date, and she must work and get paid as per LCA from that date onwards other wise she would go out of status.

      If it was processed as consular then either she leaves US , gets H1 stamping and return and work and get paid by the H1 employer . OR . Her H1 employer files for an amendment to convert from consular to COS which may or may not get approved by USCIS.

      This is my opinion not legal advice.
      Can you please tell me the H4 to H1B COS fees/cost. Quick response will be much appreciated. Thanks.

      Comment


      • #4
        Depends normal or premium. http://www.uscis.gov/sites/default/f...orm/g-1055.pdf Plus legal costs.

        This is my opinion not legal advice.

        Comment


        • #5
          Hi, I am currently in H4 VISA. If I file change of status from H4 to H1 in regular processing. Can I start working after getting receipt notice?

          Please advise.
          Thanks

          Comment

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