H4 to H1b COS - Automatic?

[skasthala]

My H1b visa petition was approved under the lottery cap of April 2014. I was in India during that time. Since my spouse was working under H1b visa in USA, I came to USA in July on a H4 visa (dependent on spouse's H1b). I didn't resign from my current employer but took a few months off. Starting Oct 1, do I automatically switch over to h1b under my current employer or does my current employer need to file a COS from H4 to H1b?

[raghvi]

My H1b visa petition was approved under the lottery cap of April 2014. I was in India during that time. Since my spouse was working under H1b visa in USA, I came to USA in July on a H4 visa (dependent on spouse's H1b). I didn't resign from my current employer but took a few months off. Starting Oct 1, do I automatically switch over to h1b under my current employer or does my current employer need to file a COS from H4 to H1b?

If you got a I797B then its unlikely that you would automatically move to H1 on 01-Oct. Your employer needs to apply H4 to H1 Change Of status. Doesn't your employer/their legal team already known about it??

This is my opinion not legal advice.