H4 to H1 COS

[panand82]

My question is :

Do the employer have to say at the time of filing h1 that its employee is in USA- h4 for COS, or

the employee can file for h1 with no h4 stamping then after 1 apr go for h4 stamping , fly to USA and later after h1 approval-apply for change the status to h1 without restamping, or

restamping is required from canada/mexico or home country.

Thanks in advance.

[DMX17]

How about rephrasing your questions?

To file for a H1 with COS, it is necessary that you are in legal H4 status. If you do not have an H4 stamp but have maintained your H4 status, that is fine.

[txh1b]

I had to read the post multiple times to get what you were trying to say. Would help if you could rewrite clearly.

From what I understood, No and Yes are the answers.

[panand82]

Firstly Apologies for confusing question.

The situation is I am on h1 in USA, and my wife does not have a h4 stamping.
She has her h1 filed thru a consultant.

My question is : Now if Her case is picked thru Lottery , Can she first get her h4 stamped and come here on h4 and then later get COS to h1 or she has to go for a restamping at her home country.
The point is her consultant wants her to join only in March-April 2009.

[txh1b]

Yes, she can apply for her H4 anytime even when H1b is in process and enter US. She can change her status inside US to H1b without stamping.

[vhymavathi]

H4-H1 while in US, stamping in Mexico

Hi all,
Thanks in advance.
I came to US on H4 in 2006 and I've applied H1 in 2007 April and got approval in sept'2007. I did not start work immediately so I have pay stubs from March'08. And now I want to go to India in June and want get stamping done in Mexico along with my husband and daughter
My husband has changed employer in 2006 and we don't have H4 stamping for that employer. Even he also don't have the stamping done for that employer.
My question is....
1) if my H1 got rejected in any case can I get H4 stamping at the same consulate with in one week(I read somewhere else)?
2) we all three don.t have stamping done on our passports for the recent employer but for previous employer that too expired in sept'07
will there be any problem if we attend for visa stamping in Mexico?
3) IS THERE ANY risk when we go for visa stamping in India?

we have I-94 valid upto 2010(for me) and 2009 (for my husband and daughter)
Pl. give reply asap. B'coz we've booke tickets and want to book for visa appointment

[txh1b]

You were out of status for the period that you were not paid on H1b status and will cause problems later during GC.

1. Only if you have an appointment.

2. No one can predict. You have a known problem of being out of status.

3. There is always an assumed risk if you have out of status issues.

[vhymavathi]

H4-H1 cos

Hi TxH1b,

Thanks for your reply.......My employer did not show me any job that period , so Iam idle for that period. On H1B how many months can we stay without job?
we've booked appointment in mexico
Thanks

[txh1b]

Hi TxH1b,

Thanks for your reply.......My employer did not show me any job that period , so Iam idle for that period. On H1B how many months can we stay without job?
we've booked appointment in mexico
Thanks

One cannot be idle on a H1b, zero days unless it is medical Leave of absence or vacation. If you have a H1b, you have a job, with your employer. As per the law, they have to pay you all the time, project or not does not matter.

Look up WH4 form and ask your employer to pay you. USCIS and DOL does not have a bench without pay term in their dictionary and it will cause problems later on.