H4 to H1B COS/transfer

[PR12345]

Hi,

I work for an Indian organization and they had applied for my H1B visa in March 2014. I got married in May 2014 and am currently in US on a H4 dependent Visa while on a sabbatical leave (still employed with my indian organization). My company received the approved petition for my H1B in August 2014. Please help/guide me with the following questions/doubts regarding further course of action:

1. What is the process of the H1B stamping in such a scenario? Am I required to go to India & get the H1B stamping done there?

OR

2.Does my H4 visa automatically gets converted to H1B on the approved H1B petition starting date. Does my employer has to file Change of Status (H4 to H1) If yes, what’s the process and cost involved (normal/premium processing)? What’s the time frame for COS. Please share any USCIS link available which explains this issue in detail.

A quick response will be much appreciated.

Thank you.

[raghvi]

Hi,

I work for an Indian organization and they had applied for my H1B visa in March 2014. I got married in May 2014 and am currently in US on a H4 dependent Visa while on a sabbatical leave (still employed with my indian organization). My company received the approved petition for my H1B in August 2014. Please help/guide me with the following questions/doubts regarding further course of action:

1. What is the process of the H1B stamping in such a scenario? Am I required to go to India & get the H1B stamping done there?

OR

2.Does my H4 visa automatically gets converted to H1B on the approved H1B petition starting date. Does my employer has to file Change of Status (H4 to H1) If yes, what’s the process and cost involved (normal/premium processing)? What’s the time frame for COS. Please share any USCIS link available which explains this issue in detail.

A quick response will be much appreciated.

Thank you.

As your H1 was applied when you were out of US, it was most likely approved as consular process. So you dont automatically move from H4 to H1. You have two options:
1. Either go out of US back to India, and attend H1 stamping interview, if approved you would get a H1 stamped in the passport and travel using that.
OR
2. Ask employer to file an amendment mentioning that as you are in US to convert the consular process to COS. Its upto USCIS's discretion if they approve it or not. Normal processing it may take 2-4 Months, premium processing it may take 2-4 weeks.
As per cost, I think its around $325 for normal and extra 1225 for Premium , plus legal costs if any.

If your employer is genuine and you have the client letter and other documentation, its going to be faster and cheaper if you go to India and attend visa stamping.

This is my opinion not legal advice.

[narasimv]

Hi,

I work for an Indian organization and they had applied for my H1B visa in March 2014. I got married in May 2014 and am currently in US on a H4 dependent Visa while on a sabbatical leave (still employed with my indian organization). My company received the approved petition for my H1B in August 2014. Please help/guide me with the following questions/doubts regarding further course of action:

1. What is the process of the H1B stamping in such a scenario? Am I required to go to India & get the H1B stamping done there?

OR

2.Does my H4 visa automatically gets converted to H1B on the approved H1B petition starting date. Does my employer has to file Change of Status (H4 to H1) If yes, what’s the process and cost involved (normal/premium processing)? What’s the time frame for COS. Please share any USCIS link available which explains this issue in detail.

A quick response will be much appreciated.



Thank you.

Hey,

I am in a similar situation. I have an approved H1B petition since October 2013. I was working in India for a while, away from my husband but eventually had to return to the US on a H4 due to personal reasons. My employer was happy enough to put me on an unpaid sabbatical as they couldn't find a suitable project for me in the US. However, as of August 2014 they put me on an active project and have filed my LCA change. I have a visa interview in 2 weeks. My question is:

1) Pay stubs: the website says that i should carry pay stubs for 12 months. What happens in my case as i have been on a sabbatical for 10 months now? Should i be carrying my old pay stubs?

2) Should I be worried about questions regarding change in status (i.e. from H4 to H1b)

Any help in this regard would be appreciated.

[raghvi]

No two situations are same. Anyhow that doesnt give you a right to hijack an existing thread. Please post in a new thread.