H4 to H1 COS when H4 is not aproved

[hjc]

Hi,

My H4 visa has been initiated and i have the receipt as of now.
Now i am trying to get a new job and hence trying to apply for H4 to H1.
Wouldnt i get I94 in the I797 approval notice ? Do i need to go for consular processing to get this stamped ?

Also, would it be better if i get H4 stamped on my passport first and then apply for COS to H1 ? in that case wouldn't i be able to get the I94 in my I797 approval notice itself ?
Also can i start working for the new employer with the receipt of COS to H1 ? or do i need to wait for approval to start working ?

Request response at the earliest.

thanks,
hjc

[raghvi]

Hi,

My H4 visa has been initiated and i have the receipt as of now.
Now i am trying to get a new job and hence trying to apply for H4 to H1.
Wouldnt i get I94 in the I797 approval notice ? Do i need to go for consular processing to get this stamped ?

Also, would it be better if i get H4 stamped on my passport first and then apply for COS to H1 ? in that case wouldn't i be able to get the I94 in my I797 approval notice itself ?
Also can i start working for the new employer with the receipt of COS to H1 ? or do i need to wait for approval to start working ?

Request response at the earliest.

thanks,
hjc

Whats your current status?

[hjc]

Hi ,

I was on H1 till Feb 12th and then initiated H4 as my employent got over.
Currently i have H4 receipt.

thanks
hjc

[raghvi]

Hi ,

I was on H1 till Feb 12th and then initiated H4 as my employent got over.
Currently i have H4 receipt.

thanks
hjc

Seeing recent trends, H1 to H4 can take 6-9 Months and there is no premium processing for that. And without your H4 getting approved first, it would not be possible to move to H1 again. In order to expedite a move to H1, I would suggest you leave US, get yourself an H4 stamping done at a US consulate outside US, and enter US in H4 status. Once in h4 you can ask next employer to file a H4 to h1 status in premium. All this should be doable within a Month but you would have to leave US.

This is my opinion not legal advice.