H4 to H1 related issues

[saianya66]

Hi,

I have been in US since feb 2016 on H4 . I applied for H1 visa for the same year and it got picked in the lottery, its under process now(received receipt notice , waiting for the approval).

I have few queries :

1. As my employer is a startup company, and had a ratio of denied cases in last year, but as in my case ,all the documents are genuine and clear . Is there a chance of H1 getting denied in my case as my employer is a startup one, where USCIS may verify and doubt about the salary providing issue?

2. I need to(its must) visit India from Nov2016 to Jan2017 . If H1 gets approved ,oct 1st is the earliest date that I can work, as I have my H4 valid til sep2017 .. can I be on the same H4 status till next feb 2017? (I mean can I visit India on H4 and come back to US in Jan 2017 with my H4)

3.What about the change of status? Will h4 be automatically converted to h1 from this oct? (Then I need to go for stamping while coming from India to US) Is there any risk on my visa status if I visit India with this situation?

4.Is there any chance of going and coming back on H4 visa which will be still valid and later after jan 2017 Can I change my status to H1?(Pls Consider all the possible scenarios)

5. What is the Consular Processing(CP) ,, how will I know if my h1 application is CP or not?

6.If my H1 application is consular process... I need to initiate change of status explicity from h4 to h1 , in this case I dont need to worry about my visa status , as I can visit and come back on H4 and later i can initiate cos to H1 right?

Please help me with all the possible and positive situations

Thanks in advance.

-Anya

[krishnam86]

Glad you posted sai, I am in same position. Eagerly waiting if someone can answer these queries.

[raghvi]

Hi,

I have been in US since feb 2016 on H4 . I applied for H1 visa for the same year and it got picked in the lottery, its under process now(received receipt notice , waiting for the approval).

I have few queries :

1. As my employer is a startup company, and had a ratio of denied cases in last year, but as in my case ,all the documents are genuine and clear . Is there a chance of H1 getting denied in my case as my employer is a startup one, where USCIS may verify and doubt about the salary providing issue?

2. I need to(its must) visit India from Nov2016 to Jan2017 . If H1 gets approved ,oct 1st is the earliest date that I can work, as I have my H4 valid til sep2017 .. can I be on the same H4 status till next feb 2017? (I mean can I visit India on H4 and come back to US in Jan 2017 with my H4)

3.What about the change of status? Will h4 be automatically converted to h1 from this oct? (Then I need to go for stamping while coming from India to US) Is there any risk on my visa status if I visit India with this situation?

4.Is there any chance of going and coming back on H4 visa which will be still valid and later after jan 2017 Can I change my status to H1?(Pls Consider all the possible scenarios)

5. What is the Consular Processing(CP) ,, how will I know if my h1 application is CP or not?

6.If my H1 application is consular process... I need to initiate change of status explicity from h4 to h1 , in this case I dont need to worry about my visa status , as I can visit and come back on H4 and later i can initiate cos to H1 right?

Please help me with all the possible and positive situations

Thanks in advance.

-Anya

1. What were the reasons for prior denial? What exactly you mean by "salary providing issue"?
2. Was H1 applied as COS? If yes, then you must work and get paid by employer from H1 approval date. Upon your Nov visit, if at all you decide to return on H4 then you would be on H4 status, and in order to work you need to first apply COS from H4 to H1.
3. Ask employer if H1 was filed as consular process or as COS. If applied as COS you automatically move to H1 upon approval.
4. As mentioned it depends upon if H1 was applied as COS or not.
5. Ask your employer.
6. Yes.

This is my opinion not legal advice.