H4 to H1 Transfer query

[mamius]

I currently have H4 visa but i am in India. My H1 petition got approved this year and I am planning to travel to US.
Can i travel to US on H4 visa and then apply for H4 to H1 transfer?
Any suggestions how long will it take for the transfer of H4 to H1.

[raghvi]

I currently have H4 visa but i am in India. My H1 petition got approved this year and I am planning to travel to US.
Can i travel to US on H4 visa and then apply for H4 to H1 transfer?
Any suggestions how long will it take for the transfer of H4 to H1.

Yes your employer can file a H4 to H1 COS. It takes 2-4 Months.

This is my opinion not legal advice.

[mamius]

Is visa stamping needed?

Yes your employer can file a H4 to H1 COS. It takes 2-4 Months.

This is my opinion not legal advice.

Thank you Raghvi for responding. My employer had originally filed H1B COS initially in March I was in US then. I am currently in India and my H1B is approved
Can i travel to US on H4 before oct and start my job from 1st Oct. Do have to get Visa stamping?

[scientist2016]

Thank you Raghvi for responding. My employer had originally filed H1B COS initially in March I was in US then. I am currently in India and my H1B is approved
Can i travel to US on H4 before oct and start my job from 1st Oct. Do have to get Visa stamping?

You can travel to the US on your H4, but will need to file a H4 to H1 COS to start working from Oct 1. You also can get your H1 visa stamped (since you are in India), but choose not to use it for entry, i.e., use your H4 for entry. If you go this route, you can either file for a H4 to H1 COS or travel outside the US just before Oct 1 and enter using your H1.

[raghvi]

Thank you Raghvi for responding. My employer had originally filed H1B COS initially in March I was in US then. I am currently in India and my H1B is approved
Can i travel to US on H4 before oct and start my job from 1st Oct. Do have to get Visa stamping?

Was your H1 COS approved? That is, did it come with a new I94 at the bottom of it?

[mamius]

You can travel to the US on your H4, but will need to file a H4 to H1 COS to start working from Oct 1. You also can get your H1 visa stamped (since you are in India), but choose not to use it for entry, i.e., use your H4 for entry. If you go this route, you can either file for a H4 to H1 COS or travel outside the US just before Oct 1 and enter using your H1.

Thank you! I am confused because my employer says he filed my H1B petition with COS in April and its approved now. Hence do I have to apply for COS again after arriving in US on H4 (before Oct).

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Was your H1 COS approved? That is, did it come with a new I94 at the bottom of it?

Thank you! I will ask my employer to send me a copy of H1B approval to clarify the I94 number on that.