COS from H4 to H1 from USA

[Rashmi Rai]

Hello Admin,

Greeting!!!
Here is my scenario, I am in USA on H1 visa from almost 1 years. Currently my husband is in India, one of the companies in USA has agreed to sponsor this H1 as he has 7 plus years of IT experience in core technology. He is currently serving the notice period in India and we are planning to apply his H4 (dependent visa) in end of May 2015.
He shall be travelling to USA by Mid of June 2015 on H4 visa for some personal event here in USA. Company has agreed to Sponsor/pay the fees for filling the H1.

So here are my questions:

Q1. If the application is picked in Lottery then who will be responsible for converting his visa from H4 to H1 in Oct 2015, please consider the following:
In April 2015 when the H1 will be filed he does not have any visa stamped on his passport
By Oct 2015 when the H4 to H1 conversion happens he will be already on H4 visa

Q2. If the Q1 answer is company, then may I know the approximate fees for carrying out he COS (Change of Status) from H4 to H1.

Q3. We may opt to change the employer by Oct 2015, in those scenarios what is the procedure for COS from H4 to H1 from our end. Can you please provide the list of forms to be filled and the approximate Fees.

It would be of great help if you could respond ASAP, as we shall get some time to think and take appropriate decision. Thanks in Advance.

-- Rashmi

[kadkhiq81]

COS from H4 to H1 from USA

H1 petition need to be applied as a consular processing in Apr 2015. If that get approved, you can later apply for H4 to H1 COS after oct 2015. I 539 is a form and you can check fees in USCIS website.

This is my personal opinion.

[Rashmi Rai]

H1 petition need to be applied as a consular processing in Apr 2015. If that get approved, you can later apply for H4 to H1 COS after oct 2015. I 539 is a form and you can check fees in USCIS website.

This is my personal opinion.

Thanks a lot! COS is one option. Quick questions:
1. Does the COS is again a lottery ? Y/N
2. I read the post which says H4 to H1 COS could be rejected, can you share your thoughts
3. Can you please share your thoughts of going back to India before Oct 1 so that H1 stamping is compulsory, so that we save the money and risk involved in COS.

--Rashmi

[kadkhiq81]

COS from H4 to H1 from USA

1. Does the COS is again a lottery ? No

2. I read the post which says H4 to H1 COS could be rejected, can you share your thoughts ----- No one can predict however I do not see any reason for denial if your documents are true.

3. Can you please share your thoughts of going back to India before Oct 1 so that H1 stamping is compulsory, so that we save the money and risk involved in COS. -----You can go for a stamping 10 days before to your approved petition start date. In general, people want to avoid H1 stamping and would always choose the COS path. Again, Its your choice to choose the best that suits you.

This is my personal opinion.

[Rashmi Rai]

1. Does the COS is again a lottery ? No

2. I read the post which says H4 to H1 COS could be rejected, can you share your thoughts ----- No one can predict however I do not see any reason for denial if your documents are true.

3. Can you please share your thoughts of going back to India before Oct 1 so that H1 stamping is compulsory, so that we save the money and risk involved in COS. -----You can go for a stamping 10 days before to your approved petition start date. In general, people want to avoid H1 stamping and would always choose the COS path. Again, Its your choice to choose the best that suits you.

This is my personal opinion.

Thanks a lot.