Having H1B petetion approved but never used it, currently on H4

[SKuthuru]

Hi,

I have my H1B petetion approved in 2014 when i was back in India, It is valid till 2017,
I came to US in April 2015 on H4 visa.

My question is: If i want to start working, do i need to transfer/ammend my visa status from H4 to H1? or
What is the process to legally work on H1B by using the same petition.

Please suggest.

Thanks
SK

[raghvi]

Hi,

I have my H1B petetion approved in 2014 when i was back in India, It is valid till 2017,
I came to US in April 2015 on H4 visa.

My question is: If i want to start working, do i need to transfer/ammend my visa status from H4 to H1? or
What is the process to legally work on H1B by using the same petition.

Please suggest.

Thanks
SK

If an employer is willing to sponsor you, they would file an LCA, and then upon approval of that file an I129. The approval of which will result in a new I797. If the new I797 comes with an I94 you can and should work and get paid by that employer.

This is my opinion not legal advice.

[SKuthuru]

H4 to H1 Change of Status

Thanks raghvi ,

Do i need to initiate this process with same employer ? or can i do it with any new employer?

Please suggest.

Thanks
Swathi

[hima511]

Can you tell me what happened to your situation?

Thanks raghvi ,

Do i need to initiate this process with same employer ? or can i do it with any new employer?

Please suggest.

Thanks
Swathi

Hello SKuthuru,

I am in the same boat now. Can you please tell me what happened to your visa?