How to get H4 transferred on a fresh H1

[cometoUS]

Hi,
I have applied for a job in the US and my employer is filing for my H1 in April 2007. This will be filed while I am in India as a fresh India employee. I am also getting married in India in May 2007 and my fiance is in US on a H1B status. I know that once filed, my H1 will be sent to my India address and I will be able to enter on that H1 on Oct 2007.
But, is it possible that I come to US in between May and October on an H4 (as my husband's dependant) and get my H4 transferred on my H1. Like can I provide my H4-I94 details later to the INS and tell them to attach it to the H1. Is there any law supporting this situation?

Please send a reply.

Thanks

[Subramanya]

H1 and H4 issues

I have applied for a job in the US and my employer is filing for my H1 in April 2007. This will be filed while I am in India as a fresh India employee. I am also getting married in India in May 2007 and my fiance is in US on a H1B status. I know that once filed, my H1 will be sent to my India address and I will be able to enter on that H1 on Oct 2007.
But, is it possible that I come to US in between May and October on an H4 (as my husband's dependant) and get my H4 transferred on my H1. Like can I provide my H4-I94 details later to the INS and tell them to attach it to the H1. Is there any law supporting this situation?

---- Yes, it is possible to do all this. However read below
---- Your should have an H4 affixed on your Passport by attending an interview in India
---- When in US if you apply for H1, you may not be issued a I-94 at which time you may hae to out of the country to get a H1 Visa affixed on your Passport and then enter US with a I-94 issued at the POE.
---- This happens even if you apply for a COS from H4 to H1

---- You will provide details to the USCIS and that will be mandatory, or else your application will not be accepted and you will receive a RFE

Subramanya

[cometoUS]

Hi,
Thanks for the reply. I understand that you are saying that I should get an H4 in India and enter on an H4 I-94. Can you please explain in more detail how the H4 can be transferred on the already applied H1.

Thanks

[Subramanya]

H4 to H1

Thanks for the reply. I understand that you are saying that I should get an H4 in India and enter on an H4 I-94. Can you please explain in more detail how the H4 can be transferred on the already applied H1.

---- If I correctly recall your post you were to come to US on H4 and then apply for H1.

---- Where does the question of H4 being transferred to an already applied H1come from? Is it new or you are enquiring a different issue

---- However, if it is a transfer from H4 to H1 then while applying for H1 you indicate your current status in the US i.e. H4 and also apply for a change of status (known as COS). All this is done on the application form for H1 (i.e. I-129) by checking the appropriate boxes.

---- This process is completed by the employer who is going to sponsor you for H1 and may be with the help of an immigration attorney

Subramanya

[cometoUS]

I guess the question was:

My H1 is getting filed while I am in India when quota opens.
After that I am coming to US on H4 in May 2007.
So, I want to transfer if this is allowed.
Or do I have to wait in India till my H1 becomes valid i.e. till Oct 2007?

[Subramanya]

H4 to H1 issues

My H1 is getting filed while I am in India when quota opens.
After that I am coming to US on H4 in May 2007.
So, I want to transfer if this is allowed.
Or do I have to wait in India till my H1 becomes valid i.e. till Oct 2007?

---- There is one more curve in equation. The response would be
---- If you transfer form H4 to H1 after your arrival to US (having applied for your H1 while in India) the issue will continue to remain the same and i.e. you may not get a I-94 with your H1 even after the transfer from H4 to H1.

---- You still have to rely on the H1 applied while you were in India and seek a H1 Visa affixation on your Passport by seeking an appointment for the Visa interview and subsequently an I-94 at the POE.

---- Only then you will be able to start working for the US employer with a valid SSN from October '07

Subramanya