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  • H4 to H1B

    Hello,

    Please help me with my query.

    I am currently working in India and my husband is working in US on H1B visa.
    I am planning to move to US in May'17 on H4 visa.

    My currnet company (IT company) is initiating a H1B visa for me which will go for lottery in April'17.

    Assuming that my H1B gets approved (by that time I will already be in US), what are my options to start working in US.

    1) Will I be eligible to work in USA ?
    2) Do I need to file for status change from H4 to H1B ?
    3) Does it require for me to immediately get new H1B stamped on my passport (which I read on this forum can happen only when I travel back to India).
    4) Is there any other catches that I should be aware of.

    Kindly guide me.

    Thank you !

    - Sudha

  • #2
    Originally posted by srivsudha View Post
    Hello,

    Please help me with my query.

    I am currently working in India and my husband is working in US on H1B visa.
    I am planning to move to US in May'17 on H4 visa.

    My currnet company (IT company) is initiating a H1B visa for me which will go for lottery in April'17.

    Assuming that my H1B gets approved (by that time I will already be in US), what are my options to start working in US.

    1) Will I be eligible to work in USA ?
    2) Do I need to file for status change from H4 to H1B ?
    3) Does it require for me to immediately get new H1B stamped on my passport (which I read on this forum can happen only when I travel back to India).
    4) Is there any other catches that I should be aware of.

    Kindly guide me.

    Thank you !

    - Sudha
    1. If H1 petition is approved then your employer needs to file COS from H4 to H1.
    2. Yes.
    3. Not necessary, if COS approved you can work and as and when you leave US the next time, can go for stamping.
    4. You got to be more specific. Make sure your employer is aware that you are moving to US on H4 so they can guide you and support your COS.

    This is my opinion not legal advice.

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