H4 to H1 COS

[Nisha05]

Hello,

I have applied for H1B visa under consular processing that got picked up in lottery this year.I am currently in my home country with H4 Visa validity till 2019.


Can i travel to USA on H4 Visa before my H1b petition gets approved and apply for COS from H4 to H1 or do i need to go for Visa Stamping for H1B.


Please advise what is the option in this case.

Thanks in Advance

[raghvi]

Hello,

I have applied for H1B visa under consular processing that got picked up in lottery this year.I am currently in my home country with H4 Visa validity till 2019.


Can i travel to USA on H4 Visa before my H1b petition gets approved and apply for COS from H4 to H1 or do i need to go for Visa Stamping for H1B.


Please advise what is the option in this case.

Thanks in Advance

Yes, you can travel.
Yes you can convert from Consular to COS while in US. USCIS may or may not approve it. If they do, then no need to go for stamping and you would automatically move to H1, bit if they do not approve the COS, then yes, you would have to leave US and go for H1 stamping in order to get on H1.

Do keep the time factor in mind. H4 to H1 COS can take 3-6 Months for a decision.

This is my opinion not legal advice.

[newacct]

COS to H1b status can only be done by the employer filing I-129 again. The employer may or may not want to do that.