H4 to H1b status change

[guidemeplz]

My husband is currently in US in H1B.I had filed for H1B in April 2006. In April 2006 I also got H4 stamped on my passport. I m currently in India will be leaving to US to join my husband by end August 2006. I have meanwhile received my H1B approval.

1)Is it possible for me to go to US in H4 in August and apply for a change of status to H1B based on the H1-B approval i have received now and start working?
2) How long does this process usually take?
3)Or will I have to fix an appointment, come back to india later when i get an appointment date and get h1B stamped on my passport to be eligible to start working in US?

[guidemeplz]

Can anyone please help?
Thanks

[rameshswetha]

help plz

HI there

Congrats on ur H1B approval. Can u pls tell me if u applied for a H1B after u got ur H4 stamping???If so do let me know the where and hows of the process. It will be ofgreat help to me if u share ur experience.

Thanx

[guidemeplz]

HI there

Congrats on ur H1B approval. Can u pls tell me if u applied for a H1B after u got ur H4 stamping???If so do let me know the where and hows of the process. It will be ofgreat help to me if u share ur experience.

Thanx

Yes. Both filing for H1b and getting h4 stamped was done almost during the same time.
Filing H1b was done entirely by the employer who offered me the job. So i really dont know the exact procedures.

Can someone please guide me on what the procedure is after I reach US by end august before i can start working. Is there a change of status involved. How long does it take and what is the procedure?
Thanks

[leifbooger]

as soon as u reach the US, file for your social security number. It would take about 2 months to get the card. You can start working as soon as you have your social security number.

[guidemeplz]

as soon as u reach the US, file for your social security number. It would take about 2 months to get the card. You can start working as soon as you have your social security number.

Hi..

Thanks a lot for the info. I had read earlier that since i had applied for H1b while i was in india, i will have to get h1 stamped to start working and a direct change of status is not possible if i go to US in h4. I was worried about it.
Your explanation sure is a big relief.

Thanks

[leifbooger]

I didnt know that you applied for H1b while u were in India, it is true that if you would need to get your H1b stamped if you want your status to change and for that you would need a lot of documents.. (photographs of where you will be working in the US, letters from your employer and clients,.. ) . But try not revealing that your H1b got approved. Just come quietly on H4 and then tell that your H1b got approved. Worst case scenario, you can refile for H1.

[guidemeplz]

I didnt know that you applied for H1b while u were in India, it is true that if you would need to get your H1b stamped if you want your status to change and for that you would need a lot of documents.. (photographs of where you will be working in the US, letters from your employer and clients,.. ) . But try not revealing that your H1b got approved. Just come quietly on H4 and then tell that your H1b got approved. Worst case scenario, you can refile for H1.

Hi..
Thanks for the info.
1)Does this mean a direct change of h4 to h1b is not possible after I reach US unless i get it stamped in passport in India.
2)And also is there any way i can get the status changed there itself without coming to India?
3)Will the fact that my h1b has been approved be an issue at the POE when I enter in US H4?
Thanks

[guidemeplz]

Hi..
Thanks for the info.
1)Does this mean a direct change of h4 to h1b is not possible after I reach US unless i get it stamped in passport in India.
2)And also is there any way i can get the status changed there itself without coming to India?
3)Will the fact that my h1b has been approved be an issue at the POE when I enter in US H4?
Thanks

Could someone pls advise?
Thanks

[veena_swsh]

If your h1B has been approved while you were in India, then your approval would mention that you will need a visa stamping to commence work in the US. Do enter US on a H1B visa as it will be easier for you in the US for related formalities.

[leifbooger]

It is a little complicated since she does not have a ready project for her in the US. If she goes for the H1b interview now.. she will be asked for all kinds of client acceptance letters, photographs at the client site, etc. which she does not have. Especially if she goes to the Chennai consulate, she'll fail the interview for sure. the safe bet is to come back on H4 and reapply for a new H1b here. And this time dont go back to india before an H1b approval.

[guidemeplz]

Thanks a lot for your guidance Veena & Leifbo****,

Sorry to trouble u again...
This is the first time I m going to US.
Isnt it possible for me to enter USA in H4 and get a change of status to H1B?
Next time when I visit India I could get the visa stamped. Is this possible?

[leifbooger]

Yes you can enter the US on an H4 and reapply for a new H1b. There's no hurry since this is your first time, take your time, make some friends. It would take 2-3 months to get settled anyways. Get a drivers licence, look for used cars (there's no public transportation in most places in the US so its necessary to drive), upgrade your technical skills.. by the time you get your H1b you will be ready to face the competition.

[guidemeplz]

Yes you can enter the US on an H4 and reapply for a new H1b. There's no hurry since this is your first time, take your time, make some friends. It would take 2-3 months to get settled anyways. Get a drivers licence, look for used cars (there's no public transportation in most places in the US so its necessary to drive), upgrade your technical skills.. by the time you get your H1b you will be ready to face the competition.

Thanks for the explanation.
Assuming I enter in H4 and file for a new H1B as u suggest,
Do I have to wait till April 2007 to file for the new H1B?
Is it true that I will be able to start working only by October 2007?
And will I be subject to the cap for the year 2007 too that case?

[leifbooger]

Do I have to wait till April 2007 to file for the new H1B? Yes
Is it true that I will be able to start working only by October 2007? Not necessary. Its whenever your H1b is issued and you get an SSN card.
And will I be subject to the cap for the year 2007 too that case? Yes, but if you file early you are well within that cap.